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UNITED STATES OF AMERICA 

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THE 



Government Class Book 



A Manual of Instruction in the Principles of 
Constitutional Government and Law 



Part I. Principles of Government ; 

I. General Principles of Government. 
II. Government in the State. 
III. The United States Government. 

Part II. Principles of Law; 

I. Common and Statutory Law (or Municipal Law). 
II. International Law. 



By ANDREW W. YOUNG, 

AUTHOR OF "AMERICAN STATESMAN,'' ''CITIZEN'S MANUAL OF GOVERNMENT 
AND LAW," ETC., ETC. 






THOROUGHLY REVISED 

By SALTER S. CLARK, 

COUNSELLOR AT LAW. 



REVISED EDITION 

1894. 



NEW YORK : 

Maynard, Merrill & Co., 

43, 45 and 47 East Tenth Street. 

1894. 



Ytf 



Copyright, 1894, by 
Maynard, Merrill & Co. 



Press of J. J. Little & Co. 
Astor Place, New York 



PREFACE 



The study of the principles of political science is a 
necessary part of a liberal education. In a country 
where the people govern themselves the science of gov- 
ernment is a necessary part of a common-school educa- 
tion. In the United States the people elect their own 
law-makers and rulers, establish their own constitu- 
tions, and determine even the fundamental principles 
upon which men shall be governed. The danger of 
entrusting such power to the ignorant has not failed of 
illustration in our States and cities. Having universal 
suffrage, the people must learn to govern themselves 
for the sake of their own preservation and welfare. 

!Nor is a knowledge of the principles of legal science 
less necessary to every citizen. The laws of man know 
as little of mercy as the laws of nature, in that law 
never admits ignorance as an excuse for wrong. It is 
a proof of the essential justice of our system of juris- 
prudence, that so many citizens pass safely through 
life, totally ignorant of the law, and relying merely 
upon their own sense of what should be. And yet 
every day gives proof that ignorance is always dan- 
gerous. The study of such a work as this will not 
make a youth a lawyer, but it will fix in his mind a 
system of broad principles, which cannot fail to be 
useful practically. 

Though these facts are self-evident, the popular 



4 PREFACE 

study of law and good government has been strangely 
neglected in this and every other country. The aim of 
this book, in supplying a manifest want, is to present, 
in such form as to be used chiefly as a text-book for 
schools, a broad and comprehensive view of the prin- 
ciples of government and law in the United States. 
These principles are substantially the same throughout 
the country, and the young may easily learn the varied 
rights and duties of a citizen in relation to his govern- 
ment and his fellow-men. 

The book is divided into two parts : 

Part I., Principles of Government, is devoted (after 
a few chapters upon general principles), first, to gov- 
ernment by the State, and second, to government by 
the Nation. It is here that the book is believed to 
have its chief advantage over others of its kind. In 
all that we have examined, either one or the other of 
these subjects has been neglected. Some of our Ameri- 
can youth have grown to manhood with so little appre- 
ciation of the political importance of the State, as to 
believe it nothing more than a geographical division ; 
others have placed the State too high, and failed to 
realize the power and dignity of the Nation. In real- 
ity, the National Government, on the one hand, is of 
far greater historic interest and permanent political 
importance, as really governing the future freedom or 
serfdom of the people. On the other hand, the State, 
which says whether the particular individual shall vote, 
what rights of property he shall have, and what shall 
be the punishment for his crimes, enters far more into 
the daily affairs of the single citizen, touches him at 
more points, and is therefore of greater temporary in- 
terest. Both subjects should be studied, and it is of 



PREFACE 5 

especial importance at this time that their relation to 
each other should be clearly presented to the youth of 
the land, for State rights and National rights must 
forever coexist. 

Part II., Principles of Law, contains also two divi- 
sions, the first one presenting the main principles which 
govern the rights and duties of man to man in his 
every-day life, and his varied rights connected with 
personal security, liberty, and property ; and the second 
giving the rules by which the relations' of nations to 
each other are regulated. Thus the volume presents a 
general view of the position of the citizen in all the 
relations he may sustain in this country : to his fellow- 
citizen, to his State, to his Nation, and to foreign 
nations. 

Extensive improvements were made by Salter S. 
Clark, Esq., of JSTew York, in the original form of this 
work. Changes and additions had been rendered 
necessary by historic events. A more natural and 
logical order was pursued, with proper subordination 
of topics. Each paragraph of a chapter was confined 
to a single specified subject. Analyses and diagrams 
were added, where appropriate, to be used as black- 
board exercises, with review questions for the use of 
both pupil and teacher. 

The present edition has been carefully revised. 
Yery few material changes have been made, but some 
corrections and additions were required to adapt the 
book to present needs. It is confidently hoped that 
this work, tested by long experience, may find as much 
favor in the future as it has received in the past. 

New York, May, 1894. 



ANALYSIS OF CONTENTS 



Part I. — Principles of Government. 
Div. I.— General Principles. 



Div. II.— State Governments. 

Sec. I. — Introductory. 
Sec. II. — Legislative Department. 
Sec. III. — Executive Department. 
Sec. IV. — Judicial Department. 

- Div. III.— The National Government. 

'Sec. I. — Its Origin and Nature. 
Sec. II. — Legislative Department. 
-{ Sec. III. — Executive Department. 
Sec. IV. — Judicial Department. 
Sec. V. — Miscellaneous Provisions. 



Part II. — Principles of Law. 

( Div. I.— Municipal Law. 

Sec. I. — Civil Rights in General. 
Sec. II. — Contracts. 
Sec. III.— Real Estate. 
Sec. IV. — Criminal Law. 

. Div. II.— International Law. 

Sec. I. — Peaceful Relations of Nations. 
Sec. II. — Relations of Nations in War. 



CONTENTS 

PAKT I — Principles of Government 

DIVISION I 

General Principles 

CHAPTER PAGE 

I. Mankind fitted for Society, Government, and Law, 11 
II. Rights, Liberty, and Law, classified, . . .14 

III. Different Forms of Government, . . . .19 

DIVISION II 

State Governments 
SECTION I— INTRODUCTORY 

THEIR BASIS — THE CONSTITUTION: ELECTIONS: THREE DEPARTMENTS 

IV. Constitutions: Their Nature, Object, and Establish- 

ment, 23 

V. Qualifications of Electors, . . . . .26 

VI. Elections, 29 

VII. Division of Powers of Government, . . .32 

SECTION II 

LEGISLATIVE DEPARTMENT 

VIII. Legislature: how constituted, . . . .35 

IX. Meetings and Organization, 38 

X. Manner of Enacting Laws, 41 





CONTENTS 




SECTION III 


EI APTER 


EXECUTIVE DEPARTS 


XL 


State Officers, . 


XII. 


County Officers, 


XIII. 


Town Officers, 


XIV. 


Cities and Villages, 


XV. 


Taxes, .... 


XVI. 


Education, 


XVII. 


Public Institutions, 


XVIII. 


Militia, .... 



SECTION IV 

JUDICIAL DEPARTMENT 

XIX. Courts, 

XX. Legal Proceedings, . . 

DIVISION III 

The National Government 



PAGE 

46 
49 
56 
59 

63 
67 

72 
75 



78 
82 





SECTION I 












ITS ORIGIN AND NATURE 


XXI. 


Government before the Revolution, . . .93 


XXII. 


The Confederation, 96 


XXIII. 


The Union under the Constitution, . . . 100 


XXIV. 


Constitution of the United States, .... 104 




SECTION II 




LEGISLATIVE DEPARTMENT 


XXV. 


House of Representatives, . . . . . 130 


XXVI. 


Senate 








134 


XXVII. 


General Legislative Regulations, 








137 


XXVIII. 


Powers of Taxation, 








140 


XXIX. 


Power to Regulate Commerce, 








143 


XXX. 


Other Powers relating to Peace, 








147 


XXXI. 


Powers relating to War, . 








155 


XXXII. 


Prohibitions on the United States, 








160 


XXXIII. 


Prohibitions on the States, 








163 



CONTENTS 



SECTION III 

EXECUTIVE DEPARTMENT 
CHAPTER PAGE 

XXXIV. President and Vice-President: Election, Qualifica- 
tions, etc., ........ 168 

XXXV. Powers and Duties of the President, . . .172 
XXXVI. Auxiliary Executive Departments, .... 176 

SECTION IV 

JUDICIAL DEPARTMENT 

XXXVII. National Courts and their J urisdiction, . . . 180 
XXXVIII. Treason, 185 

SECTION V 

MISCELLANEOUS PROVISIONS 

XXXIX. Relations of States, 187 

Test: Rat- 

. 190 

. .193 

. 199 



XL. Amendment: Debt: Supremacy: Oath: 

ification, 

XLI. The First Twelve Amendments, 
XLII. The 13th, 14th, and 15th Amendments, 



PART II. — Principles op Law 

DIVISION I 

Municipal Law 

SECTION I 

CIVIL RIGHTS IN GENERAL 

XLIII. Absolute Civil Rights, 205 

XLIV. Relative Civil Rights, 209 

SECTION II 

CONTRACTS 

XLV. Contracts in General, 212 

XLVI. Marriage, 218 



10 



CONTENTS 



CHAPTER PAGE 

XLVIL Principal and Agent, 222 

XLVIII. Partnership, . . . . . . .225 

XLIX. Sales of Personal Property, 228 

L. Gifts: Fraudulent Transfers, 231 

LI. Promissory Notes and Bills of Exchange, . . 233 

LII. Services, 240 

LIII. Insurance, 242 

LIV. Shipping, . 244 

LV. Interest, . 246 

SECTION III 

REAL ESTATE 

LVI. Estates in Real Property, 247 

LVII. Deeds and Mortgages, 249 

LVIII. Appurtenances, 252 

LIX. Landlord and Tenant, ...... 255 

LX. Distribution of Property upon Death, . . . 258 



SECTION IV 

CRIMINAL LAW 



LXI. Crimes, 



261 



DIVISION II 
International Law 



SECTION I 

PEACEFUL RELATIONS OF NATIONS 

LXII. Nature and Authority of International Law, 
LXIII. Ordinary Rules of Peace, 



268 

272 



SECTION II 

RELATIONS OF NATIONS IN WAR 

LXIV. Causes and Objects of War, 
LXV. Rights and Duties of Belligerents, . 
LXVI. Rights and Duties of Neutrals, 



276 

278 

282 



PRINCIPLES 

OF 

Government and Law 

PART I 

Principles of Government 

division I 

General Principles 
CHAPTER I 

MANKIND FITTED FOR SOCIETY, GOVERNMENT, AND LAW 

1. Mankind Social — Men are by nature fitted for 
society. By this we mean that they are naturally 
disposed to associate with each other. They could not 
be happy without such association. Hence we conclude 
that the Creator has designed men for society. 

2. Dependent on Each Other — Man is so formed 
that he is dependent upon his fellow-men. He has 
not the natural strength of some animals. We can 
hardly imagine how a man could defend himself 
against the beasts, or even procure the necessaries of 
life, without assistance from his fellow-beings. But 
by means of speech men learn from each other how to 



12 PRINCIPLES OF GOVERNMENT 

supply their wants and improve their social condi- 
tion. 

3. Each Must Support Himself — But, although 
men need the assistance of each other, society is 
so formed that each must take care of himself. If 
every man were fed and clothed from a common 
store provided by the labor of all, many, depending 
upon the labor of others, would be less industrious 
than they now are. By the present arrangement, 
which obliges every man to provide for his own 
wants, more is produced, a greater number are cared 
for, and the general welfare is better promoted than 
if each labored for the benefit of all. 

4. Right of Property — From this arrangement 
comes the right of property. If each man's earnings 
should go into a common stock for the use of all, 
there would be nothing that any one could call his 
own. But if each is to provide for himself, he must 
have a right to use and enjoy the fruits of his own 
labor. 

5. Common to All — But all men in society have the 
same rights. Therefore we cannot rightfully supply 
our own wants or gratify our own desires any further 
than is consistent with the rights of others. But man 
is by nature selfish, and many would infringe the rights 
of others, for their own selfish ends, unless restrained. 
Hence we see the necessity of some fixed rules that 
each one may know what he may do, and what he must 
not do. 

6. Law — These rules for regulating the social actions 
of men are called laws. Zaio, in a general sense, is a 
rule of action, and is applied to all kinds of action ; as, 
the law of gravitation, the laws of chemistry, etc. But 



GENERAL PRINCIPLES 13 

in a limited sense, it denotes the rules of human action 
prescribing what men are to do, and forbidding what 
they are not to do. 

7. Man a Moral Being- — We have seen that man is 
fitted for law, because he is designed for society, and 
law is necessary to govern society. By nature, also, 
he is fitted for government and law, because he is a 
moral being. The word moral has various significa- 
tions. When we say, a moral man, we mean a virtuous 
or upright man. But in a wider sense it relates to the 
social actions of men, both right and wrong, as when 
we say, his morals are good, or his morals are bad. 
When it is said that man is a moral being, it is meant 
that he has a sense of right and wrong, or at least the 
power of acquiring it. He knows what is right and 
what is wrong, and he knows that he ought to do the 
right and avoid the wrong. Therefore he is fitted to 
understand why laws are right. 

8. Government Necessary — Thus we have seen that 
men are social, reasonable, and moral beings, and that 
for each one of these reasons they are fitted for society 
and law. But law cannot exist without government. 
Law is a rule of action laid down by the supreme power, 
and if there is no supreme power there can be no law. 
Hence we see the necessity for government. It is not 
probable that people knowingly acted on these prin- 
ciples in first forming governments; that is, deliber- 
ately met together and agreed to have a certain 
government and certain laws. But it is these princi- 
ples that maintain law and government now. 



14 PRINCIPLES OF GOVERNMENT 

CHAPTER II 

EIGHTS, LIBERTY, AND LAW, CLASSIFIED 

1. Rights — A right is a just claim. We have a right 
to what we have acquired by honest labor, or other 
lawful means, because we are justly entitled to freely 
use and enjoy it. We have a right to our lives, and 
to our freedom; that is, to do whatever we think 
necessary for our own safety and happiness, provided 
we do not trespass upon the rights of others, because it 
would be unjust to deprive us of our lives or freedom. 

2. How Forfeited — But society has its rights also, 
and if we infringe them it is just we should be punished 
by losing some of our own. We may forfeit them by 
some offence or crime. If, for example, a man is fined 
for breaking a law, he loses his right to the money he 
is obliged to pay. By stealing, he forfeits his liberty, 
and may be justly imprisoned. By committing murder, 
he forfeits his right to life, and may be hanged. 

3. Political Rights — Rights are political or civil. 
Political rights are those which each citizen has with 
reference to sharing in the government. The word 
political, in a general sense, relates to the government. 
The whole body of the people united under one gov- 
ernment is called the political body, or body politic. 
The right of the people to choose and establish for 
themselves a form of government, or constitution, and 
the right to elect persons to make and execute the laws, 
are political rights. The right of voting at elections is 
therefore a political right. Political rights are derived 
from the constitution. Under absolute monarchies, 



GENERAL PRINCIPLES 15 

therefore, where there is no constitution, the people 
have no political rights ; under democracies they have 
more than under any other form of government. 

4. Civil Rights are all those which are not political. 
They are the rights which govern our ordinary, every- 
day actions ; such as, the right to go where we please, 
to do whatever we wish with our own property, or to 
control our children. They are also called natural 
rights, because given to us by nature, or by birth ; and 
sometimes inalienable rights, because they cannot justly 
be taken away from us. They are called civil because 
they relate to the ordinary duties of a citizen. 

5. Absolute Civil Rights — Civil rights are either 
absolute or relative. The absolute civil rights are such 
as we have as individuals, as members of society, in 
our relations to all the other members of society. 
They are divided into three classes : the right of per- 
sonal security, which is the right to be secure from 
injury to life, body, health, or reputation ; the right of 
personal liberty, which is the right to go wherever we 
please ; and the right of private property, or the right 
to acquire property and enjoy it without disturbance. 
These are often called personal rights, or the rights of 
persons. The term rights of person includes only the 
first two ; viz., the rights of personal security and per- 
sonal liberty. Religious rights, which consist in the 
right to worship God in whatever way each one thinks 
best, and to make known and maintain his religious 
beliefs, are absolute rights. 

6. Relative Civil Rights are such as we have in our 
relations to particular persons or classes. They are 
either public or private. The public relative civil 
rights are those we have in our relations to the gov- 



16 PRINCIPLES OF GOVERNMENT 

eminent (except the right to share in it) ; as, the right 
to be protected by it, and the right the government 
and its officers have to our obedience. The private 
relative civil rights are such as are connected with the 
four relations of husband and wife, parent and child, 
guardian and ward, and employer and employed ; as, 
the right of the parent to be obeyed by the child, or 
the right of the wife to be supported by her husband. 

7. Liberty is the being free to exercise and enjoy 
our rights, and is called natural, political, civil, or 
religious, according to the particular class of rights 
referred to. Thus the exercise of rights guaranteed 
by the constitution or political law is called political 
liberty. The free enjoyment of rights secured by the 
civil or municipal laws is called civil liberty. And free- 
dom of religious opinion and worship is called religious 
liberty. Freedom of speech and freedom of the press 
mean the liberty to speak and print whatever we 
choose, provided we do not abuse the right. 

8. Law — It is easy to see that it makes little dif- 
ference how many rights a man has, unless there is 
some power to insure him the liberty to enjoy them. 
The object of law is to secure to all men the various 
kinds of rights we have described. It has different 
names, corresponding to the kinds of rights which it 
protects ; as, the political lata, which secures our polit- 
ical rights, and the civil or municipal law, which 
secures our civil rights. The word municipal was 
used by the Romans to designate that which related 
to a municipium ; i.e., a free town, or city. And so, 
often, we use the term municipal law as denoting the 
law that relates to cities or towns, but here it is used 
in a broader sense, and includes the body of laws 



GENERAL PRINCIPLES 17 

which prescribe what we may, or must not, do, and is 
equivalent to civil law* The constitution is the polit- 
ical law ; the body of laws governing the ordinary 
actions of men is the civil or municipal law ; and the 
rules which regulate the intercourse of nations consti- 
tute international law. 

9. The Moral Law is that which prescribes man's 
duties not only to his fellow-men, but also to God. It 
is briefly expressed in the decalogue, or ten command- 
ments, and is still more briefly summed up in the two 
great commandments, to love God with all our heart, 
and to love our neighbor as ourselves. It is sometimes 
called the divine law, because God is its author; and 
the revealed law, or law of revelation, because it is 
revealed to man in the Scriptures. As a rule of con- 
duct it is also the same as the law of nature, the only 
difference between them being in their origin ; the 
former, the revealed law, coming directly from God, 
and the latter, the law of nature, coming from nature — 
that is, our own consciousness in its perfect state. 

10. Broader than Civil Law — Although the moral 
law is a perfect rule of action, to which all human laws 
ought to conform, yet the civil law does not, and can- 
not, embrace all that the moral law does. The moral 
law is directed not only to the outward acts, but also 
to the thoughts and intents of the heart. It requires 
us to love our Creator supremely, and our neighbor as 
ourselves ; in other words, to do to others as we would 
that they should do to us. But as the omniscient God 
only knows when men fail in these duties, no human 

* Care must be taken to distinguish the term, as used in this con- 
nection, from the Civil Law, a name for the old Roman law. 
2 



18 



PRINCIPLES OF GOVERNMENT 



authority could enforce such a law. Human laws, 
therefore, have respect chiefly to the outward acts of 
men, and are designed to regulate their intercourse 
with each other. 



Rights of Citizens 
I. POLITICAL ; these are 

1. Right of all to establish a government, and 

2. Right of each to share in it, by voting. 

II. CIVIL ; these are 

1. Absolute ; they are the right of 

i 1. Personal Security, 
\ 2. Personal Liberty, and 
( 3. Private Property. 

2. Relative ; these are 
1. Public ; they are 

1. Right of people to protec- 
tion of government, and 
"1 2. Right of government to 
obedience of people. 

Private ; arising from relations of 

1. Husband and wife, 

2. Parent and child, 

3. Guardian and ward, and 

4. Employer and employed. 



GENERAL PRINCIPLES 19 

CHAPTER III 

DIFFERENT FORMS OF GOVERNMENT 

1. Patriarchal Government — Governments have 
existed in a great variety of forms. Most existing 
governments are, more or less, mixtures of the differ- 
ent kinds. The earliest governments of which we 
have any knowledge are the patriarchal. Patriarch, 
from the Greek pater, father, and archos, chief, or head, , 
means the father and ruler of a family. This kind of 
government prevailed in the early ages of the world, 
and is the form adapted to a state of society where the 
people dwell together in families or tribes, and are not 
yet formed into states or nations. Abraham was a 
patriarchal ruler. 

2. Theocracy — After their departure from Egypt, 
the government of the Hebrews was a theocracy. This 
word is from theos, God, and frratos, power, and sig- 
nifies a government by those who are also the relig- 
ious rulers, or, as it is claimed, by the immediate direc- 
tion of God. The laws by which they were governed 
they believed were given to them on Mount Sinai by 
God himself, their leader and king. 

3. Most Common Forms — But the most common 
forms of government are monarchy, aristocracy, and 
democracy. Many claim that all kinds of government 
may be reduced to one of these three. For example, 
the patriarchal government is but a kind of monarchy. 
The power of government is, in a general sense, called 
the supreme power, or sovereignty. 

4. Monarchy — The form of government in which 



20 PRINCIPLES OF GOVERNMENT 

the supreme power is in the hands of one person is 
called a monarchy. The word monarch is from two 
Greek words, monos, sole or only, and archos, a chief ; 
and is a general name for a single ruler, whether he 
be called king, emperor, or prince. A government in 
which all power resides in or proceeds from one person 
is an absolute monarchy. If the power of the monarch 
is restrained by laws or by some other power, it is 
called a limited monarchy. The English Government 
is a limited monarchy. A monarchy is called hered- 
itary in which the crown passes from father to son, or 
from the monarch to his successor, by inheritance. 
On the death of a sovereign, the eldest son is usually 
heir to the crown. A monarchy is elective where, on 
the death of the ruler, his successor is appointed by an 
election. Only a few such monarchies have existed. 

5. Despotism — An absolute monarchy is sometimes 
called despotism. The words despot and tyrant at first 
meant simply a single ruler. They are now applied, 
for the most part, to rulers who exercise authority 
over their subjects with severity. In an absolute des- 
potism, the monarch has entire control over his sub- 
jects. They have no law but the will of the ruler, who 
has at command a large force of armed men to keep 
his people in subjection. The governments of Russia 
and Turkey are more despotic than any others in 
Europe. 

6. Aristocracy is the form of government in which 
the power is exercised by a privileged order of men, 
distinguished for their rank and wealth. The word 
aristocracy is from the Greek word aristos, best, and 
kratos, power, or krateo, to govern ; and meant, orig- 
inally, government by the best men. It is also used 



GENERAL PRINCIPLES 21 

for the nobility of a country under a monarchical gov- 
ernment. Nobles are persons of rank above the com- 
mon people, and bear some title of honor. The titles 
of the English nobility are duke, marquis, earl, vis- 
count, and baron. These titles are hereditary, being 
derived from birth. In some cases they are conferred 
upon persons by the king. 

7. Democracy is government by the people ; the 
word democracy being from the Greek demos, the 
people, and krateo, to govern. In a government purely 
democratic, the great body of freemen meet in one 
assembly to make and execute the laws. There were 
some such governments in ancient Greece ; but they 
necessarily comprised small territories, scarcely more 
than a single town. The freemen of a state could not 
all meet in a single assembly. 

8. A Republic is that kind of democracy in which 
the power to enact and execute the laws is exercised 
by representatives, who are persons elected by the 
people to act for them. The people not only enact the 
laws and execute them through the representatives 
whom they elect, but also adopt their own constitution 
or form of government, and thus all power comes from 
the people, the government being properly called a 
representative democ7 % acy. A republic is sometimes also 
called a commonwealth, because its object is the com- 
mon happiness of all. 

9. In this Country the people are everywhere under 
two governments, the State and the National Govern- 
ment. The United States is a republic, and so, also, 
is each State. Each State has given up to the Nation 
those powers and duties which naturally belong to a 
nation in its relations with foreign powers, as the 



22 PRINCIPLES OF GOVERNMENT 

right to make war or treaties, and also has given up 
the power to make laws on subjects in which all the 
people in the country are interested together, as com- 
merce, the coining of money, and patents. But the 
State retains all the powers it has not given up, and 
both State and National Governments are independent 
of each other, each in its own sphere. The Territories, 
until they become States, are under the United States 
Government. It grants them, to a certain extent, 
through Congress, self-government, on the plan of the 
State governments, but it can take it away at any 
time. 

Kinds of Government 

I. Monarchy ; this may be, 

1. As to Power, 

1. Absolute, or 

2. Limited. 

2. As to Title, 

1. Hereditary, or 

2. Elective. 
II. Aristocracy; 

III. Democracy ; this may be, 

j 1. Pure Democracy, or 
( 2. Republic. 



DIVISION II 

State Governments 

SECTION I.— INTRODUCTORY 

Their Basis, the Constitution; Elections; Three Depart- 
ments 



CHAPTER IV 

constitutions : their nature, object, and estab- 
lishment 

1. Republic the Best Government — Of all the 

different forms of government which have existed, a 
republican government, on the plan of that which has 
been established in this country, is believed to be best 
adapted to secure the liberties of a people, and to pro- 
mote the general welfare. Under the reign of a wise 
and virtuous ruler, the rights of person and property 
may be fully enjoyed, and the people may be in a good 
degree prosperous. But the requisite virtue and wis- 
dom combined have seldom been found in any one 
man (i.e., a monarchy), or a body of men (i.e., an 
aristocracy). And, as we in this country believe, ex- 
perience has proved that the objects of civil govern- 
ment may be best secured by a written constitution 
founded upon the will or consent of the people. Each 
State in the Union has such a constitution, and the 
Nation itself has one. 



24 STATE GOVERNMENTS 

2. Constitution — The word constitute is from the 
Latin, and signifies to set, to fix, to establish. Consti- 
tution, when used in a political sense, means the estab- 
lished form of government of a state. In a free 
government, like ours, it is properly called the political 
law, being established by the people as a body politic. 
(Page 16, § 8.) It is also called the fundamental law, 
because it is the foundation of all other laws of the 
state, and of all the powers of the state, legislative, 
executive, and judicial. 

3. Nature — A constitution is in the nature of an 
agreement between a whole community, or body politic, 
and each of its members. This agreement or contract 
implies that each one binds himself to the whole, and 
the whole binds itself to each one, that all shall be 
governed by certain laws and regulations for the com- 
mon good. 

4. Convention — In forming a constitution, the peo- 
ple must act collectively. But their number is too 
large to meet in a single assembly. Therefore they 
choose a small number to act for them. One or more 
are chosen in each county, or smaller district, and are 
called delegates. A delegate is a person appointed by 
another with power to transact business as his repre- 
sentative. The assembly composed of the delegates so 
elected is called a convention, a name given to most 
public meetings other than legislative assemblies. The 
convention draws up in proper form a paper contain- 
ing the fundamental laws and general form of govern- 
ment, under which it thinks the people wish to be 
governed. 

5. Adoption by People — But what has thus been 
prepared by the convention is not yet a constitution. 



INTRODUCTORY 25 

It is only a draft of one, and cannot, in general, be- 
come a constitution without the consent of the people 
to be given at an election. If a majority of the per- 
sons voting at such election vote in favor of the 
proposed constitution, it is adopted, and becomes the 
constitution of the State. 

6. Amendment — A constitution usually provides for 
its own amendment. Amendments are, generally, pro- 
posed and passed by the legislature, sometimes on two 
successive years, and then submitted to the people. 

7. Value — One of the most valuable rights of the 
people under a free government is the right to have a 
constitution of their own choice. Indeed, it is in this 
right that their freedom principally consists. It is 
by the constitution that their rights are secured. The 
legislature can pass no laws that the constitution for- 
bids, and if they should enact unjust and oppressive 
laws, the people, having by their constitution reserved 
the right to displace them, may do so by electing 
others in their stead.* 

8. Other Governments — In an absolute monarchy 
the people have neither the right to establish their 
own form of government, nor the right to elect their 
law-makers. The will of the monarch is the only law. 
In a limited monarchy they have some political rights. 
In Great Britain the people elect representatives to the 
House of Commons, which is the most important part 

* It would seem to follow from this that the people of any State, 
having the right to select their own form of government, might, if 
they wished, choose any form ; for example, a monarchy. But it 
must be remembered that this country is a nation, and not a collec- 
tion of States, and that the United States Constitution has guaran- 
teed to every State in the Union a republican government, or, in 
other words, forbidden any other form. 



26 STATE GOVERNMENTS 

of the legislature ; but they did uot originally establish 
the form of government. The English have no written 
constitution. What is called the English constitution 
consists of the body of fundamental laws, principles, 
and customs which in the course of centuries have 
become securely fixed. But Parliament, the English 
law-making body, has the power to make any law it 
sees fit. 

CHAPTER V 

QUALIFICATIONS OF ELECTORS 

1. Electors — One of the first provisions usually 
inserted in the constitution of a free state is that 
which declares who shall be allowed to take a part in 
the government ; that is, to whom the political power 
shall be intrusted. The political power of the people 
consists chiefly in the right to vote, called the right 
of suffrage. The constitution regulates this, and does 
not give it to every one in the state, but only to such 
as are qualified to exercise it understandingly. Those 
who have the right of suffrage are called electors* 
When, therefore, we speak of the people politically, we 
mean those only who are qualified electors. 

2. Age — An elector must be twenty-one years of 
age. Before that age young men have not the neces- 
sary knowledge and judgment to act with discretion. 
Some are competent at an earlier age ; but a constitu- 
tion can make no distinction between citizens. It has, 
therefore, in accordance with the general opinion, fixed 
the time at the age of twenty-one when men shall be 

* These are not Presidential Electors. The word is used here in a 
general sense. For Presidential Electors, see page 169. 



INTRODUCTORY 27 

deemed capable of exercising the rights and perform- 
ing the duties of freemen. 

3. Sex — It is a general rule that no female can vote, 
although the question has been settled in some States 
in favor of female suffrage. 

4. Residence — That a man may vote understand- 
ing^, he must have resided long enough in the State 
to have become acquainted Avith its government and 
laws, and to have learned the character and qualifica- 
tions of the persons for whom he votes. State con- 
stitutions therefore require that electors shall have 
resided in the State for a specified period of time, vary- 
ing, however, in the different States from three months 
to two years. In most of the States they must also 
have resided for some months in the county or district, 
and be residents of the town in which they offer to vote. 

5. Aliens — Persons born in foreign countries are 
aliens, and have no right to vote, though residing here. 
They are presumed to have too little knowledge of our 
government, and to feel too little interest in public 
affairs, on their first coming hither, to be duly quali- 
fied for the exercise of political power. Laws, however, 
have been enacted for naturalizing aliens after they shall 
have resided here long enough to become acquainted 
with and attached to our government. By naturaliza- 
tion they become citizens, entitled to all the privileges 
of native or natural-born citizens except election to the 
office of President or Yice-President. (See page 148.) 

6. Criminals — It is provided also in State constitu- 
tions that electors convicted of infamous crimes are 
disfranchised. Franchise is a right or privilege. The 
right of voting is called the elective franchise / and 
an elector when deprived of this privilege is dis- 



28 STATE GOVERNMENTS 

franchised. Men guilty of high crimes are deemed 
unfit to be intrusted with so important a duty as that 
of electing the persons who are to make and execute 
the laws of the State. It is provided, however, that if 
such persons are pardoned before the expiration of the 
term for which they were sentenced to be imprisoned, 
their forfeited rights are restored. 

* 7. Idiots and lunatics have no right to vote, for the 
reason that they cannot use it understandingly. 

8. Property — In general it is not now necessary for 
an elector to own property. By the earliest constitu- 
tions of many of the old States, electors were required 
to own property, or to have paid rents or taxes, to a 
certain amount. In the constitutions of the newer 
States, and the amended constitutions of the old States, 
property has not been made a qualification of an elector. 
In many States, however, paupers have no vote. 

9. Color — There is now no distinction of color in 
the right to vote, and the negro has the same privilege 
as the white man in all the States. TJp to the adoption 
of the fifteenth amendment to the Constitution of the 
United States, in 1870, colored people, whether slave 
or free, could not vote in the Southern States, and in 
only three or four of the Northern States. 

Eecent laws have greatly restricted the immigration 
of the Chinese. They have no political rights in this 
country. 

Thus it will be seen that while all the people in a 
State have civil rights, less than half have political 
rights. 



INTRODUCTORY 29 

CHAPTER VI 

ELECTIONS 

1. When Held — For the convenient exercise of 
political power, as well as for the purposes of govern- 
ment generally, the territory of a State is divided into 
districts of small extent. A State is divided into 
counties, and these are divided into towns or town- 
ships. The people of every county and every town 
have power to manage their local concerns. The 
electors of the State meet every year in their respective 
towns for the election of officers. Governors in most 
of the States are elected every two or four years, but 
many officers elected by the people are chosen every 
year. All the electors of the State may vote for State 
officers, but only residents of the respective towns or 
counties can vote for the town and county officers. 
In most States the general State election is held in 
October or November. 

2. Inspectors of Election — Elections are conducted 
by persons designated by law, or chosen by the electors 
of the town, for that purpose. It is their duty to pre- 
serve order, and to see that the business is properly 
done. They are usually called judges of election or in- 
spectors of election. Persons also (usually two) serve 
as clerks. Each clerk keeps a list of the names of the 
persons voting, which is called a poll-list. Poll, which 
is said to be a Saxon word, signifies head, and has come 
to mean person. By a further change it has been made 
to signify an election or the place where the voting is 
done. 



30 STATE GOVERNMENTS 

3. Voting — The polls, i.e., the voting places, are gen- 
erally open one day, from sunrise to sunset. The in- 
spectors receive from each voter a ballot, which is a 
piece of paper containing the names of the persons 
voted for, and the title of the office to which each of 
them is to be elected. The voting in most of the 
States is by ballot, but in one or two it is viva voce ; 
that is, by the elector speaking the name of the person 
for whom he votes. 

4. Challenging- — If no objection is made to an 
elector's voting, the ballot is put into the box and the 
clerks enter his name on the poll-list. If the inspec- 
tors suspect that a person offering to vote is not a 
qualified elector, they may question him upon his oath 
in respect to his age, the term of his residence in the 
State and county, and citizenship. Any bystander also 
may question his right to vote. This is called challeng- 
ing. A person thus challenged is not allowed to vote 
until the challenge is withdrawn, or his qualifications 
are either proved by the testimony of other persons or 
sworn to by himself. 

5. Registration — In a few States the voters are 
registered, especially in the large cities. A list is made 
some days before the election, of the names of all who 
present themselves and, upon examination, are shown 
to be qualified electors ; and those only whose names 
have been registered are allowed to vote on election- 
day. Thus many interruptions to voting by the exami- 
nation of voters at the polls, and much illegal voting, 
are prevented. 

6. Canvassing — After the polls are closed, the box 
is opened and the ballots are counted. This is called 
canvassing the votes. If the number of ballots agrees 



INTRODUCTORY 31 

with the number of names on the poll-lists, it is pre- 
sumed no mistake has been made either in voting or 
in keeping the lists. If there are more ballots than 
names, in some States the election will be void, in 
others a number of ballots equivalent to the excess will 
be drawn out and destroyed. If the election is one for 
the choosing of town officers, it is there determined 
who are elected, and their election is publicly declared. 
The election of county and State officers cannot be 
determined by the town canvassers. A statement of 
the votes given in each town for the persons voted for 
is sent to the county canvassers, who, from the returns 
of votes from all the towns, determine and declare 
the election of the officers chosen for the county. To 
determine the election of State officers, and of such 
others as are elected for districts comprising more than 
one county, a statement of the votes given for the 
several candidates is sent by the several boards of 
county canvassers to the State canvassers, who, from 
the returns of votes from the several counties, deter- 
mine the election of the State officers. 

7. Number Necessary — In most of the States per- 
sons are elected by a plurality of votes. An election 
by plurality is when the person elected has received a 
higher number of votes than any other, though such 
number be less than half of all the votes given. Sup- 
pose, for example, three candidates receive 1,000 votes : 
one receives 450 ; another, 300 ; the third, 250 votes. 
The first, having the highest number, though not a 
majority, is elected. In most of the States of New 
England a majority — that is, more than one half of all 
the votes given — is necessary to the election of many 
of the higher officers. The least number of votes out 



32 STATE GOVERNMENTS 

of 1,000, by which a person can be elected by this rule, 
is 501. 

8. Objections — Either of these modes is open to 
objection. When a simple plurality effects an election, 
1,000 votes may be so divided upon three candidates as 
to elect one by 334 votes ; or of four candidates, one 
may be elected by 251 votes, and against the wishes of 
nearly three fourths of the electors. The objection to 
the other mode is that if no person receives a majority 
of all the votes, another election must be held. Nu- 
merous trials have, in some instances, been necessary 
to effect a choice ; and the people of a district have 
remained for a time without a representative in the 
State or national legislature. 



CHAPTER VII 

DIVISION OF POWERS OF GOVERNMENT 

1. Three Departments — Government is divided into 
three distinct divisions, or, in other words, sovereign 
power may be exercised in three directions : in making 
laws, in enforcing them, and in judging whether par- 
ticular cases come under certain laws. In all free 
countries these powers are exercised by three separate 
departments, called the legislative, executive, and judi- 
cial departments. In a monarchy, though they may 
exist, the other two are more or less under the control 
of the executive department, the monarch. In this 
country the three departments exist in every State and 
are kept distinct from each other. 

2. Legislative — The legislative department is that 
by which the laws of the State are made, and is called 



INTRODUCTORY 33 

the legislature. Its object is to make such laws as are 
not embodied in the constitution. The constitution 
establishes not only the form and the departments of 
government, but also certain broad principles of law, 
which the legislature cannot violate ; but it leaves to 
the legislature the making of the particular laws to 
carry out those principles in detail, and there are many 
subjects on which the legislature is unrestrained. It 
would be impossible for a State to adopt, as a constitu- 
tion, a system of laws that would not need change and 
addition. 

3. Its Divisions — The legislature is composed of two 
bodies, or houses, as they are called, the members of 
each being elected by the people. Both must agree to 
a measure before it becomes a law. In limited mon- 
archies where one branch of the legislature is elective, 
the other is an aristocratic body, composed of men of 
wealth and dignity, as the British House of Lords. 

4. Executive^ — The executive department is intrusted 
with the power of executing, or carrying into effect, 
the laws of the State. Its principal officer is a gov- 
ernor, who is elected by the people. He is assisted by 
a number of other officers, some of whom are elected 
by the people ; others are appointed in such manner as 
the constitution or laws prescribe. 

5. Judicial— The judicial department is that by 
which justice is administered to the citizens. Its duty 
is to decide the meaning of laws, and whether particu- 
lar cases fall within them. It embraces the several 
courts of the State. All judges and justices of the 
peace are judicial officers. 

6. Separation — Experience has shown the propriety 
of dividing the civil power into these three depart- 

3 



34 STATE GOVERNMENTS 

ments, and of confining the officers of each department 
to the powers and duties belonging to the same. 
Those who make the laws should not exercise the 
power of executing them ; nor should they who either 
make or execute the laws sit in judgment over those 
who are brought before them for trial. It would give 
too much power to one, and would endanger the lib- 
erty of the people. Yet in many instances this prin- 
ciple is violated to a degree. In many States the gov- 
ernor must approve a measure before it can become a 
law, and thus he has legislative power. In some he 
appoints the judges, and so has judicial power. 

Departments of Government 

I. LEGISLATIVE— Law-Making : consists of 

( 1. Senate, 
-< 2. House of representatives, and 

( 3. Governor (in many States). " 

II. EXECUTIVE — Law-Executing : represented 

% 

1. Governor, and 

2. All other executive officers. 

III. JUDICIAL — Law-Interpreting and Ap- 
plying : consists of • 

All the judges. 



LEGISLATIVE DEPARTMENT 35 



SECTION II— LEGISLATIVE DEPARTMENT 
CHAPTER VIII 

LEGISLATURE I HOW CONSTITUTED 

1. Two Houses—The legislature of every State in 
the Union is composed of two houses — a senate and 
a house of representatives, sometimes called the upper 
and lower house* In most of the States the two houses 
together are called the general assembly. 

a. Senate 

2. Character — The senate, as well as the other 
house, is a representative body, its members being 
elected by the people to represent them. It is a much 
smaller body than the lower house, and consists, gen- 
erally, of from twenty-five to fifty members in the 
different States. It was designed to be, and is, a more 

* Though both are representative bodies, only the lower house is 
called the " House of Representatives." The reason for this may be: 
Under the governments of the Colonies, while yet subject to Great 
Britain, there was but one representative assembly. The other 
branch of the legislature was called a council, consisting of a small 
number of men who were appointed by the King. After the Colo- 
nies became free and independent States, the senate was substituted 
for the old council, and the other house kept its old name. 

The lower house in the States of New York, Wisconsin, Nevada, 
and California, is called the assembly; in Maryland, Virginia,, and 
West Virginia, the house of delegates; in North Carolina, the house 
of commons ; and in New Jersey, the general assembly. 



36 STATE GOVERNMENTS 

select body, composed of men chosen with reference to 
their superior ability or their greater experience in 
public affairs. 

3. Terms — Senators are chosen for terms of four 
years in about half the States ; in the rest for terms 
of one, two, or three years. In most of the States in 
which senators are elected for longer terms than one 
year, they are not all elected at the same time. They 
are divided into classes, and those of one class go out 
of office one year, and those of another class another 
year ; so that only a part of the senators are elected 
every year, or every two, or three, or four years. 

4. Apportionment — This means the division of the 
State into portions ; from each portion its inhabitants 
elect one senator. Senators are differently apportioned 
in different States. In some States they are appor- 
tioned among the several counties, so that the number 
to be elected in each county shall be in proportion to 
the number of its inhabitants. In others they are 
elected by districts, equal in number to the number of 
senators to be chosen in the State, and a senator is 
elected in each district. The districts are to contain, 
as nearly as may be, an equal number of inhabitants, 
and sometimes they comprise several counties. 

h. House of Representatives 

5. Character — This house also is elective, and is a 
larger body than the senate. It consists, generally, of 
from one hundred to two hundred members in the 
different States. 

6. Terms — In most of the States members are 
elected for two years' terms ; in the others, chiefly the 
Eastern States, annually. 



LEGISLATIVE DEPARTMENT 37 

7. Apportionment — Since the number of represen- 
tatives is much larger than that of senators, the dis- 
tricts from which they are elected will, in the same 
State, be much smaller. Kepresentatives are appor- 
tioned among the counties in proportion to the popu- 
lation in each. In some States they are elected in 
districts of equal population, counties being sometimes 
divided in the formation of districts. In the New 
England States representatives are apportioned among 
the towns. 

c. Provisions affecting hoik 

8. Census — The different modes of apportioning 
members of the legislature have in view the same 
object — equal representation ; that is, giving a mem- 
ber to the same number of inhabitants throughout the 
State. But in some counties the population increases 
more rapidly than in others. The representation then 
becomes unequal, being no longer in proportion to 
population. In order to keep the representation 
throughout the State as nearly equal as possible, the 
constitution requires that, at stated times, the people of 
the State shall be numbered, and a new apportionment 
of senators and representatives be made among the 
several counties according to the number of inhabitants 
in each county ; or if the State is one in which mem- 
bers of the legislature are chosen in districts, a new 
division of the State is made into districts. This 
enumeration or numbering of the people is called the 
census, and is taken in some States every ten years, in 
others of tener. But many States depend on the census 
which the United States takes every ten years. 

9. Qualifications — The constitution also prescribes 



38 STATE GOVERNMENTS 

the qualifications of senators and representatives. If, 
as qualifications for an elector, full age, citizenship, 
and a considerable term of residence in the State and 
county are properly required, as we have seen (page 
26), they must be at least equally necessary for those 
who make the laws. In no State, therefore, are any 
but qualified electors eligible to the office of senator or 
representative. In some States greater age and longer 
residence are required ; and in some the age and term 
of residence have been still further increased in the 
case of senators. The property qualification formerly 
necessary for members of the legislature, as well as for 
voters, has been almost entirely abolished. 

10. Vacancy — If a member of the legislature dies 
or resigns his office before the expiration of the term 
for which he was chosen, the vacancy is filled by the 
election of another person at the next general election, 
or at a special election called for that purpose, or in 
such other manner as the constitution may provide. 
But a person chosen to fill a vacancy holds the office 
only for the remainder of the term of him whose place 
he was chosen to supply. 

1 1. Salary — Each member has a salary, fixed by law. 



CHAPTER IX 

MEETINGS AND ORGANIZATION 

1. How Often — The legislature meets as often as 
the constitution requires : in about half of the States 
annually, in the others biennially, or once in two 
years. A legislative session includes the daily meet- 
ings of a legislature from the time of its first assem- 



LEGISLATIVE DEPARTMENT 39 

bling to the clay of final adjournment. Thus we say 
the session commenced in January and ended in 
March. The . word session has reference also to a 
single sitting, from the hour at which the members 
assemble on any day to the time of adjournment on 
the same day. Thus we say the legislature holds a 
daily session of four hours ; or, it holds two sessions 
a day, as the case may be. 

2. Place — Meetings of the legislature are held at a 
certain place permanently fixed by law of the State, 
at which the principal State officers keep their offices. 
Hence it is called the seat of government, or, perhaps 
more frequently, the capital of the State. Capital is 
from the Latin caput, the head, and has come to mean 
chief, or the highest. In this country the word capi- 
tal, applied to a city, now generally indicates the seat 
of government. 

3. Organization — When the two houses have assem- 
bled in their respective chambers, and the oath of office 
has been administered, each house proceeds to organize. 
This consists in appointing proper officers, and in deter- 
mining the right of members to their seats. Each house 
is the sole judge of who has been elected to it. The 
first officer elected is the presiding officer, or chairman, 
who is usually called speaker. The lieutenant-gover- 
nor, in States in which there is one, presides in the sen- 
ate, and is called president of the senate. In the absence 
of the presiding officer, a temporary speaker or presi- 
dent is chosen, who is called speaker, or president, pro 
tempore, commonly abbreviated pro tern., which is a 
Latin phrase, meaning for the time. 

4. Presiding: Officer's Duty — The duty of the per- 
son presiding is to keep order and to see that the busi- 



40 STATE G0VERN3IENTS 

ness of the house is conducted according to certain 
established rules. When a vote is to be taken he puts 
the question, and when taken he declares the question 
to be carried or lost. This part of the speaker's busi- 
ness is similar to that of the chairman of an ordinary 
public meeting. 

5. Minor Officers — The other officers chosen by each 
house are : a clerk, to keep a record or journal of its 
proceedings, to take charge of papers, etc. ; a sergeant- 
at-arms, to arrest members and other persons guilty of 
disorderly conduct, to compel the attendance of absent 
members, and to do other business of a like nature ; 
also one or more door-keepers. The officers mentioned 
in this section are not chosen from the members of the 
house. 

6. Quorum — The constitution determines what por- 
tion of the members shall constitute a quorum to do 
business, i.e., how many must be present. Quorum is 
the Latin of the English words of whom, and has 
strangely come to signify the number or portion of 
any body of men who have power to act. In most 
States a majority will constitute a quorum ; in some a 
greater number is required, two-thirds or three-fifths. 

7. Proceedings Open — Constitutions generally re- 
quire also that the proceedings of legislative bodies 
shall be open to public inspection. The doors may be 
closed against spectators only when the public good 
shall require secrecy. And that the people may be 
fully informed of what is done, each house is required 
to keep and publish a journal of its proceedings. 

8. Interruptions — Provision is also made, either by 
the constitution or by law, against injury or interrup- 
tion to the business of the legislature. Members may 



LEGISLATIVE DEPARTMENT 41 

not, by any prosecution at law, except for crimes and 
misdemeanors, be hindered during their attendance 
at the sessions of the legislature, nor in going to or 
returning from the same. Each house may compel 
the attendance of absent members. It may for good 
cause expel a member and punish not only its mem- 
bers and officers, but other persons, for disorderly con- 
duct or for obstructing its proceedings. 



CHAPTER X 

MANNER OF ENACTING LAWS 

1. Power — The legislature of every State has power 
to enact any law, on any subject, not forbidden by the 
Constitution of the United States or its own constitu- 
tion, and not at variance with any law of Congress. 
In this particular the extent of its power is broader 
than that of Congress, for the latter can legislate only 
on the particular subjects named in the United States 
Constitution. The subjects which the United States 
Constitution forbids to the State legislatures will be 
found in a later chapter (page 163). The State con- 
stitutions also contain prohibitions meant to restrain 
the legislature from making oppressive laws, or such 
as would endanger the people's absolute rights. (See 
page 15, § 5.) If any laAvs are passed contrary to these 
constitutional provisions, they will be void and of no 
effect. 

2. Rules — Constitutions prescribe no method of 
passing laws. They leave it entirely to the legislature 
itself. But it would be impossible for such a body to 
act without some order, and so each legislature estab- 



42 STATE GOVERNMENTS 

lishes certain rules, which are seldom departed from. 
But, though ordinarily followed, these rules may be 
departed from, and the law will be just as valid, pro- 
vided a quorum is present and a sufficient number vote 
for it. 

3. Governor's Message — When the two houses are 
duly organized and ready for business, the governor 
sends to both houses a written communication called a 
message^ in which, as the constitution requires, he gives 
to the legislature information of the condition of the 
affairs of the State, and recommends such measures as 
he judges necessary and expedient. The message is 
read to each house by its clerk. 

4. Other Measures — But the measures to which the 
governor calls the attention of the legislature are but 
a small portion of those which are considered and 
acted upon. Many are introduced by individual mem- 
bers. Others are brought into notice by the petitions 
of the people in different parts of the State. Petition 
generally signifies a request or prayer. As here used, 
it means a written request to the legislature for some 
favor — generally for a law granting some benefit or 
relief to the petitioners. Petitions are sent to mem- 
bers, usually to those who represent the counties or 
districts in which the petitioners live, and are by these 
members presented to the house. Laws may be intro- 
duced in either house. 

5. Committees — The subjects to be acted on by a 
legislature are very numerous, and if the whole house 
carefully examined each measure and listened to all 
the reasons why the measure was necessary it could 
not finish half its labor. So committees are appointed 
at the beginning of the session, consisting of from 



LEGISLATIVE DEPARTMENT 43 

three to seven members, each committee having charge 
of some particular subject : such as, the committee on 
finance, or the money matters of the State, called the 
ways and means committee ; the committee on agri- 
culture ; on manufactures ; on railroads ; on education ; 
and a great many other subjects. As soon as a meas- 
ure is introduced into the house it is referred to its 
appropriate committee, to examine into its necessity 
and report to the house the result of the examina- 
tion. These committees are so numerous that every 
member is on at least one or two, and are called 
stcmdmg committees^ because they continue through 
the session. When a question arises having no re- 
lation to any particular subject on which there is a 
standing committee, it is usually referred to a special 
or select committee appointed to consider this par- 
ticular matter. 

6c Committee Meetings — Committees meet in pri- 
vate rooms during hours when the house is not in ses- 
sion ; and any person wishing to be heard in favor of 
or against a proposed measure may appear before the 
committee having it in charge. Having duly consid- 
ered the subject, the committee reports to the house 
the information it has obtained, with the opinion 
whether the measure ought or ought not to become 
a law. Measures reported against by committees 
seldom receive any further notice from the house. 

7. Bills — If a committee reports favorably upon a 
subject, it usually brings in a bill with its report and 
recommends its passage. A hill is the form or draft 
of a law. Sometimes it is prepared in correct form 
before it is introduced into the house or referred to 
the committee. In other cases, as, for instance, Avhen 



44 STATE GOVERNMENTS 

the subject is brought before the house by petition, the 
committee prepares it. 

8. Three Readings — A bill before it is passed is read 
three times, on three separate days. In some legisla- 
tures the rules allow the first and second readings to be 
on the same day. The first and second readings consist 
often of merely reading the title or the enacting clause. 
Then amendments to it may be introduced, and adopted 
or rejected. Finally, the third reading is had, this 
time the clerk really reading the bill, except where it 
is a long one, and the final vote is taken. Debate on 
the bill is not usually had until after the second read- 
ing. There are a great many rules covering every 
point which may arise, such as the order of business, 
and when debate shall be allowed ; and these rules are 
usually followed : but sometimes, in cases of exigency, 
all the rules are suspended and a bill is introduced and 
passed immediately, without being referred to a com- 
mittee or even being read. 

9. Passage — When the final vote is to be taken, the 
speaker puts the question : " Shall the bill pass ? " If 
a majority of the members present vote in the affirm- 
ative (the speaker also voting), the bill is passed ; if a 
majority vote in the negative, or if the ayes and noes are 
equal, the bill is lost. In a senate where a lieutenant- 
governor presides, not being properly a member, he 
does not vote, except when the ayes and noes are equal, 
in which case there is said to be a tie ; and he deter- 
mines the question by his vote, which is called the 
casting vote. In some States, on the final passage of 
a bill, a bare majority of the members present is not 
sufficient to pass it, in case any members are absent. 
The constitutions of those States require the votes 



LEGISLATIVE DEPARTMENT 45 

of a majority of all the members elected to each 
house. 

10. Other House — When a bill has passed one house 
it is sent to the other, where it passes through the same 
forms of action ; that is, it is referred to a committee, 
reported by the committee to the house, and is read 
three times before a vote is taken on its passage. This 
vote having been taken, the bill is returned to the 
house from which it was received. If it has been 
amended, the amendments must be agreed to by the 
first house, or the second must recede from its amend- 
ments, or the amendments must be so modified as to 
secure the approval of both houses, before the bill can 
become a law. 

11. Veto — But in many of the States a bill, when 
passed by both houses, is not yet a law. As the two 
houses may concur in adopting an unwise measure, an 
additional safeguard is provided against the enactment 
of bad laws, by requiring all bills to be sent to the gov- 
ernor for examination and approval. If he approves 
a bill, he signs it, and it is law ; if he does not sign it, 
it is not a law. In refusing to sign a bill, he is said to 
negative or veto the bill. Veto, Latin, means I forbid. 

12. No Absolute Veto — But no governor has full 
power to prevent the passage of a law. If he does not 
approve a bill, he must return it to the house in which 
it originated, stating his objections to it ; and if it shall 
be again passed by both houses, it will be a law without 
the governor's assent. But in such cases greater major- 
ities are generally required to pass a law. In some 
States a majority of two-thirds of the members present 
is necessary ; in others, a majority of all the members 
elected. In some States if the governor does not return 



4:6 STATE GOVERNMENTS 

a bill within a certain number of days, it becomes a 
law without his signature and without being considered 
a second time. 

13. Taking- Effect — Laws become operative the min- 
ute the last act is done ; in those States where the gov- 
ernor must approve them, the minute he signs his name, 
unless the law itself provides otherwise. But this would 
often create great hardship, for one might violate a law 
before he had time to hear of it. Therefore constitu- 
tions often provide that a law shall not take effect for 
some days after its passage, or the law itself may so 
provide. 



SECTION III.— EXECUTIVE DEPARTMENT 
CHAPTER XI 

STATE OFFICERS 

1. Classification — The executive officers of a State 
may be divided into two classes : those whose duties 
relate to the whole State, as the governor or the attor- 
ney-general, and those whose duties relate only to some 
particular portion of it, as the sheriffs. The first class 
are elected by all the people of the State, and have 
their offices at the capital; the latter are elected by 
the people of the particular district (county, town, or 
city), and have their offices there. In this chapter we 
will treat only of the first class. 

2. Governor — The chief executive officer of a State 
is the governor. In a monarchy the chief executive 



EXECUTIVE DEPARTMENT 47 

officer is the monarch himself. But there is this differ- 
ence : in a monarchy the monarch is the source of 
power, and all inferior officers are his agents and 
responsible to him alone ; in a republic the people are 
the source of power, and inferior officers are their 
agents, responsible to them with the governor, and not 
to him. He is called the chief officer because he has 
the highest duties to perform. 

3. Term — The governor is elected by the people, for 
different terms in the different States. In most States 
the term is either two or four years ; in some New 
England States it is one year. 

4. Qualifications — The qualifications for the office 
of governor are also different in the different States. 
To be eligible, a person must have been for a certain 
number of years a citizen of the United States, and for 
a term of years preceding his election a resident of 
the State. He must also be above a certain age, which 
in a majority of the States is thirty years ; and in some 
States he must own a certain amount of property. 

5. Executive Powers — The governor's executive 
powers and duties are numerous and important. He 
represents the State in its dealings with other States. 
He is commander-in-chief of the military force of the 
State, and can call it out in times of insurrection. He 
is to take care that the laws are faithfully executed, 
and may require information at any time from the 
different executive officers concerning the condition of 
affairs in their respective departments. He communi- 
cates by message to the legislature, at every session, 
information of the condition of the State, and recom- 
mends such measures as he judges necessary and expe- 
dient. He may convene the legislature on extraordi- 



48 STATE GOVERNMENTS 

nary occasions ; that is, when some important matter 
arises requiring immediate attention. 

6. Legislative Powers — In most States the governor 
has the veto power. (See p. 45, §11.) 

7. Judicial Powers — A governor has power to grant 
reprieves and pardons, except in cases of impeachment, 
and, in some States, of treason. To reprieve is to post- 
pone or delay for a time the execution of the sentence 
of death upon a criminal. To pardon is to annul the 
sentence by forgiving the offence and releasing the 
offender. A governor may also commute a sentence, 
which is to exchange one penalty or punishment for 
another of less severity ; as, when a person sentenced 
to suffer death is ordered to be imprisoned. 

8. Appointments — The governor also appoints some 
executive or judicial officers. The power of appoint- 
ment varies greatly in the different States : in some he 
appoints all the higher executive and judicial officers, 
such as the secretary of state, the attorney-general, or 
the judges of the courts ; in others, those are all elected, 
and he only appoints some lower officers, such as nota- 
ries, lie almost never has the power to appoint legis- 
lative officers. He also fills vacancies in executive and 
judicial offices, until the next election, when they occur 
through death or resignation. He has in some cases 
the power of removal for misconduct. 

These are only the principal powers and duties 
devolved on the governor. He has many others. 

9. Councils — In a feAV States an executive council is 
elected by the people, whose duty it is to advise the 
governor. In many cases, as, for instance, appoint- 
ments, he must obtain their consent. 

10. Lieutenant-Governor — In many of the States 



EXECUTIVE DEPARTMENT 49 

this office does not exist.* He has few duties. In 
most States where the office exists, he presides in the 
senate, in which he has only a casting vote. The chief 
object of this office seems to be to provide a suitable 
person to fill the vacancy in the office of governor in 
case the latter should die, resign, be removed, or other- 
wise become incompetent. 

11. Assistant Officers — Among the executive offi- 
cers who assist in the administration of the government, 
there are in every State some or all of the following : 
a secretary of state, a comptroller or auditor, a treas- 
urer, and an attorney -general. In some States they 
are appointed by the governor, in others by the legis- 
lature, and in others they are elected by the people. 

12. The Secretary of State has charge of the State 
papers and records. He keeps a record of the official 
acts and proceedings of the legislature and of the 
executive departments, and has the care of the books, 
records, deeds of the State, parchments, the laws 
enacted by the legislature, and all other papers and 
documents required by law to be kept in his office. 

13. The State Comptroller, in some States called 
auditor, manages the financial concerns of the State ; 
that is, the business relating to the money, debts, land, 
and other property of the State. He examines and 
adjusts accounts and claims against the State, and 
superintends the collection of moneys due the State. 
When money is to be paid out he draws a warrant on 
the State treasurer. 

14. The State Treasurer has charge of all the 
moneys of the State, and pays out the same as 

* Viz. : Alabama, Arkansas, Delaware, Georgia, Maine, Maryland, 
New Hampshire, New Jersey, Oregon, Tennessee, and West Virginia. 
4 



50 STATE GOVERNMENTS 

directed by law, and keeps an accurate account of such 
moneys. 

15. Official Bonds — Auditors, treasurers, and other 
officers intrusted with the care and management of 
money or other property are generally required, before 
they enter on the duties of their offices, to give bonds, 
in sums of certain amount specified in the law, with 
sufficient sureties, for the faithful performance of their 
duties. The sureties are persons who sign the bond 
with the officer, and bind themselves to pay the State 
all damages arising from neglect of duty on the part 
of the officer, not exceeding the sum mentioned in the 
bond. 

16. The Attorney-General is a lawyer who acts for 
the State in lawsuits in which the State is a party. 
He prosecutes persons indebted to the State, and causes 
to be brought to trial persons charged with certain 
crimes. He also gives his opinion on questions of law 
submitted to him by the governor, the legislature, and 
the executive officers. 

17. Other Officers — There are also in some States 
the following officers : a surveyor-general, who super- 
intends the surveying of the lands belonging to the 
State, and who keeps in his office maps describing the 
bounds of the counties and townships ; a superintend- 
ent of schools or superintendent of public instruction, 
who attends to many matters connected with the pub- 
lic schools of the State ; a State printer, who prints the 
laws and all State papers ; a State librarian, who has 
charge of the State library ; and others. 



EXECUTIVE DEPARTMENT 51 



CHAPTER XII 

COUNTY OFFICERS 

1. Reasons for Division — A State is divided into 
counties,* and each county is divided into towns, 
townships, or districts. f There are several reasons for 
this division : for convenience in the legislative, execu- 
tive, and judicial departments. Some laws may be 
necessary in some parts of the State that are not 
needed in others, and which the people of those parts 
can better make for themselves ; and the boundaries 
must be clearly fixed that it may be known who comes 
under the regulations or who can make them. So, too, 
there are many executive officers, such as sheriffs and 
collectors of taxes, but each must have his jurisdiction 
confined to particular limits or there would be great 
confusion. There are many lower courts, too, and the 
jurisdiction of each must be clearly defined. 

2. Origin of Comity — Counties in England were 
formerly districts governed by counts or earls, from 

* Counties in the same State are about the same size, and have 
about the same population ; but the counties of one State as compared 
with those of another vary very greatly as to number, size, and 
population. In 1892, Massachusetts had 14 counties, Texas 261, and 
Oregon 31. In Massachusetts there were about 500 square miles in a 
county, in Texas 1,005, and in Oregon 3,050 ; in Massachusetts the 
population in a county was about 160,000, in Texas 8,500, and in 
Oregon 10,000. Counties exist in every State except South Carolina 
and Louisiana, where districts and parishes prevail. 

f Towns or townships also vary in size, but perhaps a fair average 
would be from five to ten miles square. Towns do not exist, gener- 
ally, in the Southern States or the extreme Western States. There 
the county is divided into districts for special purposes. 



52 STATE GOVERNMENTS 

which comes the name of county. A county was also 
called shire, and an officer was appointed by the count 
or earl to perforin certain acts in the principal town 
in the county, which was called shire town, and the 
officer was called shire-reeve, or sheriff. He was a 
more important officer than the sheriff of a county in 
this country now is. The court-house and other county 
buildings are situated at the principal place in the 
county, and it is called the county-seat, or capital. 

3. Political Importance — In the Southern and ex- 
treme Western States the county is the most important 
political division, and exercises most of the local gov- 
ernmental powers, such as many important powers 
with regard to the establishment of common schools, 
regulation of roads, laying and collection of taxes, 
care of the poor, etc. In New England the town 
exercises most of these powers, and the county has 
very little importance. In the remainder — that is, in 
the Middle and "Western States (except those far west) 
— these powers are divided between the county and 
town. 

4. Corporations — Counties, towns, cities, and villages 
are municipal corporations. Let us see what a corpora- 
tion is. Persons, in a legal sense, are divided into two 
classes, natural persons and corporations. Natural 
Persons are human beings, as God made them ; Cor- 
porations are artificial persons, or bodies, created by 
law. In other words, a corporation (also called a body 
politic, or body corporate) is an association of persons 
authorized by law to transact business under a common 
name and as a single person. The laws of the State 
give such authority to the inhabitants of counties and 
towns. The people of a town or county have power, 



EXECUTIVE DEPARTMENT 53 

to some extent, to buy, hold, and sell property, and sue 
and be sued, as single individuals. Therefore they are 
corporations. So, also, is the State itself. But there 
are two kinds of corporations : public, or municipal, 
and private. Public, or municipal corporations are 
those organized for purposes of government, such as 
counties, towns, cities, and villages ; private corpora- 
tions are all others, such as banks, railroad companies, 
and churches. 

5. County Commissioners — We have seen that a 
county is a corporation, and that corporations have 
power to act as single persons. But a corporation 
must act by means of natural persons, i.e., by its agents. 
The chief agent of a county — that is, the body which 
exercises the most important corporate powers — is a 
board of county commissioners (usually three). In a 
few States these powers are exercised by and in the 
name of the hoard of supervisors, which is composed of 
the supervisors of the several towns in the county, of 
whom there is one supervisor in each town. These 
boards have charge of the county property, and may 
make orders and contracts in relation to the building 
or repairing of the court-house, jail, and other county 
buildings. In those States in which the county exer- 
cises more political power than the town, these boards 
have many powers with regard to schools, roads, taxes, 
etc. The following are the more important county 
offices which exist in every State : 

6. County Treasurer — There is in each county a 
treasurer to receive and pay out the moneys of the 
county, as required. There is also, in some States, a 
county auditor to examine and adjust the accounts and 
debts of the county. The business of county treasurers 



54 STATE GOVERNMENTS 

and auditors in their respective counties is of the same 
nature as that of State auditors and treasurers, and 
they are required to give bonds in the same way. In 
States in which there is no county auditor, the duties 
of auditor are performed by the treasurer. 

7. Recorder — There is also in each county a register 
or recorder, who records in books provided for that 
purpose all deeds, mortgages, and other instruments of 
writing required by law to be recorded. In New York 
and in some other States the business of a register or 
recorder is clone by a county clerk, who is also clerk of 
the several courts held in the county. In some States 
deeds, mortgages, and other written instruments are 
recorded by the town clerks of the several towns. 

8. Sheriff — Another county officer is a sheriff, whose 
duty it is to execute all warrants, writs, and other pro- 
cesses directed to him by the courts ; to apprehend per- 
sons charged with crime; and to take charge of the 
jail and of the prisoners therein. It is his duty, also, 
to preserve the public peace ; and he may cause all per- 
sons who break the public peace within his knowledge 
or view to give bonds, with sureties, for keeping the 
peace and for appearing at the next court to be held in 
the count}^, and to commit them to jail if they refuse 
to give such bonds. A sheriff is assisted by deputies. 

9. Coroner — There are in each county one or more 
coroners, whose principal duty is to inquire into the 
cause of the death of persons who have died by vio- 
lence, or suddenly, and by means unknown. Notice 
of the death of a person having so died is given to a 
coroner, who institutes an examination. A jury is 
summoned to attend the examination ; witnesses are 
examined ; and the jury give their opinion in writing as 



EXECUTIVE DEPARTMENT 55 

to the cause and manner of the death. Such inquiry is 
called a coroner's inquest. 

10. The District Attorney is a lawyer who attends 
all courts in the county in which persons are tried for 
crimes, and conducts the prosecution. As all crimes 
and breaches of the peace are considered as committed 
against the State, and prosecuted in its name, this 
attorney is sometimes called State's attorney, or prose- 
cuting attorney. 

11. Other Officers — There are often other officers 
in each county ; such as, assessors, who assess the value 
of each one's property so that it may be known what 
tax he shall pay; collectors of taxes; a county sur- 
veyor / a superintendent of schools. 

12. Elected — County officers are generally elected 
by the people of the county, for terms of from one to 
four years. Some of them are, in some of the States, 
appointed by some authority prescribed by the consti- 
tution or laws of the State. 

13. Whom They Represent — While the different 
county officers are alike in this respect, that their 
jurisdiction extends only to their particular county, 
and also in this fact, that in their official acts they act 
as representatives or agents of the people ; they differ 
from each other in this, that while some represent the 
people of the whole State (and in that sense may be 
called State officers), others represent only the people 
of their own county. Thus, when a sheriff arrests a 
man for crime, it is the State which arrests him by the 
hand of its agent in that county ; when the district 
attorney prosecutes him, it is the State which is trying 
him for the crime against itself. (See page 83, foot- 
note.) On the other hand the county commissioners 



56 STATE GOVERNMENTS 

commonly act only as agents of their county. Some 
officers may represent the State in some of their duties, 
and the county in others. 



CHAPTER XIII 

TOWN OFFICERS 

1. Towns — In all the States except those far west 
and most of the Southern States, each county is subdi- 
vided. These subdivisions are called towns at the East, 
and townships at the West and South. At the West 
and South a village or city is often called a town. 
But in this book we shall use the word town as mean- 
ing an organized subdivision of a county. In those 
States where towns do not exist, the county exercises 
all the local governmental powers and has all the 
necessary officers. It must be remembered, then, that 
this chapter does not apply to all the States. 

2. Chief Qfflcer — Since a town is a corporation, it 
must, like a county, have some one to represent it and 
act for it. The principal officer, or board, whose duty 
this is, has different names in different States. In the 
New England towns there are what are called select- 
men, three or more in each town. In a few States 
there are trustees of townships. In a few other States 
there is in each town one such officer, called super- 
visor. The powers and duties of these officers are the 
most numerous and important in New England, where 
the town is the most important division of the State. 
They have duties with regard to taking charge of the 
town property, laying out and repairing roads, collect- 
ing taxes, providing for the poor, etc. In those States 



EXECUTIVE DEPARTMENT 57 

where the county is the more important division, the 
town officers have fewer of these duties, and the 
county officers have more. 

3. Treasurer — There is often a town treasurer, with 
duties, in his own town, analogous to those of a county 
treasurer. 

4. Town Clerk — A town clerk in each town keeps 
the records, books, and papers of the town. He records 
in a book the proceedings of town meetings, the names 
of the persons elected, and such other papers as are 
required by law to be recorded. 

5. Constables — There are several constables in each 
town. Their principal duties are to serve all writs and 
processes issued by justices of the peace. The business 
of a constable in executing the orders of a justice of 
the peace is similar to that of a sheriff in relation to 
the county courts. 

6. Highways — For the repairing of highioays a nil 
bridges, a town is divided by the proper officers into as 
many road districts as may be judged convenient ; and 
a person residing in each district is chosen, called over- 
seer, or supervisor, or surveyor of highways, whose 
duty it is to see that the roads and bridges are repaired 
and kept in order in his district. In some cases a tax 
is laid for the purpose, and ordinary laborers do the 
work. In others, each one taxed may work on the 
road himself a certain number of days, or he may pay 
the tax, according as he wishes. 

7. Overseers of the Poor provide for the support of 
paupers belonging to the town, who have no near rela- 
tives able to support them. In some States there is in 
each county a poor-house, to which the paupers of the 
several towns are sent to be provided for ; the expense 



58 STATE GOVERNMENTS 

to be charged to the towns to which such poor per- 
sons belonged. 

8. Other Officers — There are often in every town 
other inferior officers : assessors and collectors of taxes 
(see Chapter XY.) ; certain school officers ; fence vieio- 
ers, who settle disputes as to division fences ; pound 
keepers, who take charge of stray animals ; sealers, 
who keep correct copies of the standard of weights 
and measures ; and others. 

9. Elected — Most town officers are elected by the 
electors of their respective towns at the annual town 
meetings, for terms of one year. 

10. Town Meetings — These are meetings of the 
electors held once a year in every town for the election 
of town officers and for certain other business. They 
exist only in New England and a few other States 
which have been under the influence of New England. 
At them the people not only elect officers, but take 
some share in the government. For instance, they 
have power to vote what money shall be raised for 
school purposes, for highways, and other purposes; 
what salaries shall be paid different officers; what 
proceedings shall be taken at law ; aud other powers. 
This, as far as it goes, is pure democracy. With a 
county it is different. The people of a county never 
meet together except to elect officers, and take no part, 
directly, in the direction of affairs. 



EXECUTIVE DEPARTMENT 59 

CHAPTER XIV 

CITIES AND VILLAGES 

1. Reasons for Incorporation — A city, or a village,* 
is a particular portion of a town which has become so 
thickly populated that a different kind of government 
is needed from that of the rest of the town. For 
instance, where there are many people who use the 
streets, sidewalks will be necessary; and where the 
houses are near to each other, as in the ordinary vil- 
lage, fire-engines and fire-companies will be necessary 
to prevent the Avhole place from being destroyed ; and 
if the population is still more dense, as in a city, many 
other regulations are necessary — such as, with regard 
to police, water supply, cleaning the streets, sewers, 
etc. But towns do not have the power to regulate 
these things. It is thought best that the people living 
in those thickly populated portions should do it them- 
selves. The legislature of the State gives them these 
powers by incorporating them into a village or city. 

2. Charter — Whenever, therefore, the inhabitants 
of any portion of a town become so numerous as to 
require a government with more powers than the rest 
of the town, they petition the legislature for a law 
incorporating them into a village, or, if they are very 
numerous, a city. The law or act of incorporation is 
usually called a charter. The word charter is from the 

* The word village very often means only a collection of houses, or 
of people living near one another, but in this chapter we shall use 
the word for an incorporated village. In Connecticut and Pennsyl- 
vania an incorporated village is called a borough. 



QO STATE GOVERNMENTS 

Latin charta, which means paper. The instruments of 
writing by which kings or other sovereign powers 
granted rights and privileges to individuals or corpora- 
tions were written on paper or parchment, and called 
charters. In this country it is commonly used to desig- 
nate an act of the legislature conferring privileges and 
powers upon cities, villages, and other corporations. 

3. Its Contents — The charter describes the bounda- 
ries of the city or village, prescribes what officers it 
shall have, and what shall be their powers and duties. 

4. City Officers — The chief executive officer of a 
city is a mayor. A city is divided into wards of con- 
venient size, in each of which are chosen one or more 
aldermen (usually two) and such other officers as are 
named in the charter. The mayor and aldermen con- 
stitute the city council, which is a kind of legislature, 
having the power to pass such laws (commonly called 
ordinances) as the government of the city requires.* 
There are also elected in the several wards assessors, 
constables, collectors, and other necessary officers, 
whose duties in their respective wards are similar to 
those of like-named officers in country towns, or town- 
ships. 

5. Village Officers — The chief executive officer of a 
village is, in some States, called president. The vil- 
lage is not divided into wards, the number of its 
inhabitants being too small to require such division. 
Instead of a board of aldermen there is a board of 
trustees or directors, who exercise similar powers. The 
president of a village is generally chosen by the trust- 
ees from their own number. In some States incor- 

* In some cases there are two boards, in analogy with the two 
legislative houses of the State. 



EXECUTIVE DEPARTMENT 



61 



porated villages are called towns, and their chief 
executive officer is called mayor. 

6. General Law — The constitutions of some States 
require the legislature to pass a general law prescrib- 
ing the manner in which the people in any place may 



Diagram showing the relation between County 
Town, City, and Village. 




The whole diagram represents a county. 

The numbers represent the towns into which it is divided. 

A represents a city. 

b, c, d, and e represent villages. 

form themselves into an incorporated village without 
a special law or charter. 

7. Subject to Laws of State — The inhabitants of 
cities and villages, however, are not governed alone by 
laws made by the common council and the trustees. 
Those laws and regulations relate only to local mat- 
ters. Most of the laws enacted by the legislature are 
of general application, and have the same effect in 



62 STATE GOVERNMENTS 

cities and villages as elsewhere. Thus the laws of the 
State require that taxes shall be assessed and levied 
upon the property of the citizens of the State to 
clef ray the public expenses, and the people of the cities 
are required to pay their just proportion of the same ; 
but the city authorities lay and collect additional 
taxes for city purposes. 

8. Corporations — We have seen that the State, 
counties, towns, cities, and villages are all corporations, 
and that there are also other corporations, such as 
banks, railroad companies, etc. Now all corporations 
are alike in some particulars. They all continue after 
the persons first composing them are dead. They all 
have power to buy and sell property, and to borrow 
money to a certain extent. But they also differ in 
some respects. A State differs from other municipal 
corporations in the manner of formation. A State is 
formed by the people when they adopt the constitution ; 
the other municipal corporations — i.e., cities, towns, etc. 
— are formed by the legislature. Again, all municipal 
corporations differ from other corporations in two par- 
ticulars : their purpose and their membership. Muni- 
cipal corporations are organized only for purposes of 
government ; the others are organized for other pur- 
poses, such as business (banks, insurance companies, 
etc.), religion (churches), or charity (hospitals, etc.). 
Of a municipal corporation every one is a member who 
lives within its limits, whether he wishes to be or not ; 
but in other corporations one only becomes a member 
by his own choice. 



EXECUTIVE DEPARTMENT 63 

CHAPTER XV 

TAXES 

1. Reasons for Them — Every government must 
have the power of providing means for its support. 
The different State, county, and town officers must be 
paid salaries ; money is needed for public buildings, such 
as State-houses, court-houses, jails, etc. ; and there are 
other necessities. The money which is needed to pay the 
expenses of administering the government, if the State, 
county, or town has no permanent source of revenue 
or income, must be raised by taxation. A tax is a sum 
of money assessed upon the person of a citizen for the 
use of the government. When each one is required to 
pay a certain sum, the same for all, it is called a poll- 
tax, or capitation tax, being a certain sum on every 
poll, or head. But, as persons ought to contribute to 
the public expenses according to their ability, taxes are 
more just when laid upon the citizens in proportion to 
the property each one owns. In ordinary speech we 
say that the property itself is taxed. 

2. Land Tax most Common — Both real and personal 
property * are subject to taxation ; but in the United 
States most of the taxes are laid upon the land, for the 
reason that it is always difficult for the assessors to 
ascertain all the personal property each one owns. Poll- 
taxes are laid in many States, but they are very small. 

* Real estate, or real property, is land with the buildings and other 
articles erected or growing thereon. Personal estate, or personal 
property, is every other kind of property ; such as, goods, stocks and 
bonds, money, and debts due from debtors. 



64 STATE GOVERNMENTS 

3. Assessment — This means valuation. As every 
person is to be taxed in proportion to the value of his 
property, it is necessary, first, to make a correct valua- 
tion of all his taxable property. For this purpose, the 
assessor or assessors pass through the town, and make 
a list of the names of all the taxable inhabitants, and 
the estimated value of the property, real and personal, 
of each. If any one thinks his property is valued at 
too high a rate, he has an opportunity to appear before 
the assessors and ask to have the assessment reduced. 
The town assessors then make returns to the proper 
State and county officers of all the property, and its 
valuation, in the town. 

4. Information — In some States persons liable to 
taxation are themselves required to furnish lists of all 
their taxable property, printed blank lists having been 
previously distributed among them for this purpose. 
To secure an accurate valuation, the assessors (called 
also listers) may require persons to make oath that 
they have made a true statement of their property and 
its value. 

5. Exemptions — There are certain kinds of property 
which are exempt from taxation ; such as the corporate 
property of the State, of counties, and of towns, in- 
cluding the buildings in which the public business is 
done, the prisons, jails, asylums, etc., and the lands 
attached to them ; school-houses and churches, with 
the lands attached ; burying-grounds, and the property 
of literary and charitable institutions. But the prop- 
erty of business corporations, as railroad, banking, 
insurance, manufacturing, and other stock companies, 
like that of individuals, is liable to taxation. 

6. Three Amounts — Before a tax-list can be made 



EXECUTIVE DEPARTMENT 65 

out, showing what each one's tax is to be, it must be 
known what amount is to be collected in each town. 
This amount is made up of three parts : first, the sum 
wanted to pay the expenses of the town for the cur- 
rent year; second, the town's share of the county 
expenses; and third, its proportionate share of the 
expenses of the State government, or of what is to be 
raised for State purposes. In this country the amount 
that each one pays for State purposes is usually very 
much less than what he pays for county and town 
purposes. The ratio of the county to the town tax 
varies in proportion to the political importance of the 
county and town. In many States there is no town 
tax. 

7. Apportionment — The apportionment of the 
amount of the State and county expenses among the 
several towns is made according to the amount of 
property in each as valued by the assessors. The State 
auditor or comptroller, having received from the several 
counties returns of the value of the property in each 
county, is enabled to determine its quota of the amount 
to be raised for State purposes. He sends to the proper 
officers in each county (county commissioners, or board 
of supervisors) a statement showing what part of the 
State tax the county is to pay. The county officers 
add to each county's share of the State expenses the 
sum to be raised in the county for county purposes, 
and apportion the whole amount among the towns in 
proportion to the value of the property in each. Then 
the town officers, in turn, add to each town's share of 
the amount of the State and county expenses the 
amount to be raised for town purposes, and this gives 
the whole sum to be collected in the town. This sum 



Q6 STATE GOVERNMENTS 

is divided up among the inhabitants of the town in 
proportion to their propert}^ as valued by the assessors, 
and a tax-list, showing what each one is to pay, is 
given to the collector. In cities and villages each 
one's tax includes also his proportionate share of the 
amount to be raised for city, or village, purposes. 
Taxes in cities are usually very much higher than 
anywhere else. 

8. Collection — When the collector has received the 
taxes he pays them over to the town treasurer. The 
latter retains the portion collected for town purposes, 
and remits the remainder to his county treasurer. The 
county treasurer retains the portion collected for county 
purposes and remits the remainder to the State treas- 
urer. The system of assessment and collection of taxes 
varies in the different States. The system described 
in this chapter applies chiefly to the Northern States. 

9. Tax Sales — Where a person neglects to pay his 
tax, means are provided by law to enforce payment. 
If he is taxed for personal property, sometimes the 
collector may seize his goods and sell them, and some- 
times suit must be brought in the usual w T ay. But if 
he is taxed for land, a different course is pursued. In 
a certain sense, the land itself is taxed. If the tax is 
not paid within a certain time, the proper authorities 
sell or lease the land for a certain period to any one 
who will pay the tax. The owner then has the right 
to redeem within a certain time, generally two or three 
years, by paying to the purchaser what he has paid for 
taxes, with interest. The purchaser does not have the 
right to take possession of the land until the time to 
redeem has expired. 

10. Assessments — Assessment has been used in the 



EXECUTIVE DEPARTMENT 67 

sense of valuation. But it is also often used to mean 
a tax laid in a city to pay for some public improvement ; 
such as, the building- of a sewer, the paving of a street, 
the laving out of a park, etc. In such cases the benefit 
of the improvement is felt, sometimes wholly, generally 
chiefly, by those who live near, and therefore they are 
required to pay for it. For instance, when a sewer is 
built in a side street, only the property on each side of 
that street is assessed for it. 

11. Indirect Taxes — The taxes that have been 
described are called direct taxes. But there are also 
indirect 1<i,twx, so called because, when finally paid, 
they are not paid directly to the government as a tax, 
but as a part of the price of something. They include 
duties which are paid on goods exported from a country 
or imported into it, on goods manufactured, licenses 
for carrying on certain trades, or for doing certain 
things, etc. For instance, if a tax is hi id on the manu- 
facture of Liquors, the manufacturer adds enough to 
the price of the liquor to cover the tax, and so the con- 
sumer, when he buys, indirectly pays the tax. Only a 
small portion of the revenue of a State is derived from 
indirect taxation. The United States Constitution for- 
bids any State to lay import or export duties. 

CHAPTER XVI 

EDUCATION 

1. A Proper Object of Government — The proper 
object of government is to promote the Avelfare and 
happiness of its citizens. For this purpose it must 
protect the people jn the enjoyment of life and the 



68 STATE G0VERN3IENTS 

fruits of their labor. But it should go further, and 
make express provision for improving the condition 
of the people, especially the less fortunate portions of 
them. The prosperity of a state or nation depends 
essentially upon the education of its citizens. Ignorance 
tends to make men idle and vicious. On the. other 
hand, education not only teaches them better ways of 
living, but impels them to follow the better ways, and 
gives them higher purposes in life. 

2. A Political Necessity — But further, we believe 
that a government by the people is better adapted 
than any other to promote the general welfare where 
the people are fitted to govern. But if the people 
are not properly educated, they are incapable of self- 
government. Some children are educated at private 
schools. But very many are unable to pay for the 
education of their children in that way, and therefore 
each State has established a system of common schools, 
at which the children of all may be taught at the 
public expense. These are the schools Ave shall treat 
of in this chapter. It is to its common-school system 
that the United States owes much of its prosperity 
as a nation. This system has been developed more 
highly at the North than at the South. But the 
constitutions adopted in the Southern States since the 
late civil war have made much more adequate provi- 
sion for this necessity than existed in those States 
previously. 

3. Support — The schools are supported chiefly by 
taxation. In some cases those who send their children 
there have to pay a higher rate than others. But in 
almost all the States there is provided a school fund, 
the income from which is applied to aid in their sup- 



EXECUTIVE DEPARTMENT 69 

port. A fund is a sum of money, the income from 
which is set apart for a particular purpose. Thus the 
interest of a school fund is applied in building school- 
houses, paying teachers, etc. The whole amount ex- 
pended on common schools in the United States in 
1892 was about $155,980,800. 

4. Creation of School Funds — These were created 
in the older States by the State's appropriating certain 
lands owned by it for that purpose. They were, in 
many cases, largely increased by certain moneys re- 
ceived from the United States. In 1880 there had 
accumulated in the national treasury about thirty 
millions of dollars over and above what was needed 
for the support of the government. By an act of 
Congress, this surplus revenue was distributed among 
the States then existing, to be kept by them until called 
for by Congress. That it never will be called for is 
now almost certain. Many of the States have ap- 
propriated large portions of their respective shares for 
school purposes. From its having been said to be only 
deposited with the States, this fund is sometimes called 
the United States deposit fund. As to the Western 
States, at an early period, while most of the territory 
from which they have been formed was yet the prop- 
erty of the United States, and uninhabited, Congress 
passed acts by Avhich a certain proportion of the land 
in every township is reserved for the support of schools 
therein. By these acts, in some of those States one 
thirty-sixth, in others one eighteenth of the whole 
State has been thus appropriated, besides smaller por- 
tions granted for the benefit of a university in each 
State. In States which may be hereafter formed out 
of existing territories, land will be reserved in the 



70 STATE GOVERNMENTS 

same way. The whole amount of the permanent 
common-school funds in the United States has been 
calculated to be about $140,000,000. The income 
from this is applied to school purposes every year. 

5. Districts — The towns, or townships, of a State 
are generally divided into districts of proper size, in 
each one of which is established a school, to which all 
the children of the district may go, free of expense. 
These schools are sometimes called district schools, 
sometimes common schools, and sometimes public 
schools. Each district has apportioned to it its share 
of the income of the school fund, and the rest of the 
money needed to support the school is raised from the 
inhabitants of the district or the State by taxation. 
One or more trustees or directors are chosen in each 
district to manage the school affairs. 

O. State Superintendent — In many States there 
is an officer called the State superintendent of public 
schools, or superintendent of public instruction. The 
superintendent collects information relating to the 
schools ; the number of children residing in each dis- 
trict, and the number taught ; the number of school- 
houses, and the amount yearly expended ; and other 
matters concerning the operation and. effects of the 
common-school system. Sometimes he also apportions 
the money arising from the State funds among the 
several counties. He reports to the legislature at 
every session the information he has collected, and 
suggests such improvements in the school system as 
he thinks ought to be made. There are officers in 
each county or town to aid him in this work. There 
are also officers in each county or town who examine 
the teachers periodically to see if they are competent. 



EXECUTIVE DEPARTMENT 71 

7. Grades Public schools are divided into three 
grades: primary schools, for the youngest pupils; 
grammar schools, in which are taught, besides the 
ordinary, some of the higher branches of study ; and 
high schools, for the most advanced, in which are 
taught the studies necessary for a business education, 
and frequently the languages and higher mathematics. 
Many contend that the public should not be taxed to 
furnish a higher education, but that it should be left 
to the private citizen. Others maintain that the gen- 
eral good demands that some should be highly edu- 
cated. But, though many States have high schools, 
universities, and other educational institutions, sup- 
ported or aided by the State, the great body of schools 
in the country still are of the lower grade. 

8. Compulsory Attendance— In general, the State 
does not compel parents to send their children to 
school, but relies upon their own sense of duty and in- 
terest. But in a few States it does, and every child is 
compelled to go to some school, public or private, a cer- 
tain portion of every year between the ages of seven 
and fourteen. And the' idea is gaining strength in the 
country that the interest of the whole people requires 
that every child should be educated to a certain degree. 

9. Normal Schools — These are schools in which per- 
sons are trained to be teachers. If a State is to furnish 
education to its citizens, it must provide suitable educa- 
tors, and therefore most States have established one 
or more of these schools. They are free to any one, 
but in return the person taught must serve a certain 
length of time (two or three years) as a teacher in the 
common schools of the State. In that way he pays 
for his education. 



72 STATE GOVERNMENTS 

CHAPTER XVII 

PUBLIC INSTITUTIONS 

1. Duty of Government — We have seen that a gov- 
ernment ought to provide means not only for the pro- 
tection of the lives and property of its citizens, but also 
for their education. But there are further duties which 
it owes to its citizens. It ought to furnish protection 
and aid to those who are unfortunate, the insane, the 
blind, orphan children, and others who are unable to 
care for themselves. So, too, if there is any great 
enterprise in which all the people of the State are 
interested, but which is too large or too costly to be 
carried on by private individuals, the State should 
render aid. Again, a State should exercise some con- 
trol over the operations of corporations having large 
powers, such as railroads and banks, in order to prevent 
fraud upon the people. These duties are important 
functions of the executive department. 

2. Asylums — Every State establishes and supports 
some of these for the insane, blind, deaf and dumb, 
inebriate, orphans, and others. At them support and 
medical aid are furnished to such as have no means of 
providing for themselves. Counties, towns, and cities 
often maintain institutions of the same kind. 

3. Canals — These do not exist in all the States, and 
in some they are constructed and managed by private 
corporations. But in others they are State works, 
built by the State and managed by officers elected 
by the people. New York, Pennsylvania, and Ohio 
have many. Their object is to furnish cheap trans- 



EXECUTIVE DEPARTMENT 73 

portation, and at one time they were considered of 
vast importance, but railroads have in a great meas- 
ure taken their place. Where the State undertakes 
such an enterprise, very often a fund is provided by 
the State, the income of which is applied to the object, 
and the United States increases this fund by grants to 
it of public lands, because the canal is a benefit not 
only to the people of the State, but also to all the 
people of the Nation. 

4. Railroads — These are seldom State works, but 
they often receive aid from the State in the form of 
money lent them, public land granted to them, or State 
guaranties of their bonds. In a certain other respect 
all railroads are aided by the State. The property 
which a railroad company requires very often cannot 
be purchased, as the owners will not sell, and no person 
or corporation has, in itself, the right to compel them 
to sell. But a State has the right to take any one's 
property for public use on paying its value. This is 
called the right of eminent domain, and this right the 
State delegates to the railroad company for the time 
being. Appraisers are appointed who value the land, 
and on payment of that price the company takes it. 
The land necessary for a canal is acquired in the same 
way. 

5. Control of Corporations — The State generally 
exercises some control over certain corporations which, 
like railway or canal companies, banks, and insurance 
companies, have large powers and privileges. This is 
to prevent their being used to the fraud and injury of 
the public. In some States there are departments, 
such as the hank department, or the insurance depart- 
ment, all subordinate branches of the executive depart- 



74 STATE GOVERNMENTS 

ment, which are required to exercise supervision over 
the corporations belonging to their department within 
the State. They collect information with regard to 
them, their property and business, by means of exam- 
inations and of annual reports which the corporations 
are required to make, and this information is published. 
When State banks issued bills (which were only their 
promises to pay money), they were often required to 
deposit a certain amount of property with the State 
to secure those who used their bills as money against 
loss. So, too, insurance companies are sometimes 
required to make deposits with the government to 
secure their policy-holders. There are other ways in 
which a State exercises control over corporations. 

6. State-Prisons — These are prisons maintained by 
the State, in which criminals convicted of the higher 
crimes are confined. The county jails are for the 
lower grades of criminals. Convicts are forced to 
work while confined. In many States their labor is 
leased by the State to certain contractors, who pay the 
State as for so many laborers. Thus State-prisons are 
sometimes rendered self-supporting. 

7. State Debts — Very often the public works under- 
taken by a State require more money than can be con- 
veniently raised at once by taxation. So, too, perhaps 
the chief benefit is going to accrue, not to people liv- 
ing at the time the work is done, but many years later, 
and therefore posterity should bear some share of the 
burden. In such case the State borrows the money 
and issues its bonds for it, also called State stock. 
Counties, towns, and cities, in the same way, often 
incur debt and issue bonds for public works. But 
there is this difference : counties, towns, and cities may 



EXECUTIVE DEPARTMENT 75 

be sued in the courts, but there is no way for a private 
individual to force a State to pay its debts. Such 
refusal to pay is called rejntdiation, and several of the 
States have repudiated their debts in part. For the 
reason that there is no remedy, repudiation is the more 
dishonorable. In the late Civil War the Southern 
States contracted large debts, but these the United 
States Constitution forbids them to pay. No govern- 
ment could recognize as just, or allow to be paid, if it 
could prevent it, any debts incurred in a rebellion 



against it. 



CHAPTER XYIir 



MILTTIA 



1. Meaning- of Militia — Every nation has its mili- 
tary force to resist foreign enemies and crush rebellion. 
It consists of two portions, the standing army and the 
militia. The standing army is all the time organized, 
equipped, and drilled, and its members have no other 
occupation. The militia consists of all the other able- 
bodied men in the nation (between certain ages), but it 
is not called into service except in time of war or insur- 
rection. In this country the Nation has a small stand- 
ing army, and its militia consists of the militia of all 
the States. The States have no standing army, but 
each has its militia. 

2. Of Whom Composed — The militia of a State 
consists of able-bodied male citizens of the United 
States between the ages of eighteen and forty-five 
years who reside in the State, except such as are 
exempt by the laws of the State and of the United 
States. Persons exempt by the laws of the State are 



70 STATE GOVERNMENTS 

generally members of the State legislative, executive, 
and judicial departments, clergymen, teachers, physi- 
cians, firemen, and members of military companies 
who have served a certain time.* Persons exempt by 
United States laws are members of the national legis- 
lative, executive, and judicial departments, pilots, mari- 
ners, and a few others. 

3. Commander-in-Chief — By the constitutions of 
the several States, the governors are made the com- 
manders-in-chief of the militia of their respective 
States. The governor has power to call it out in time 
of insurrection or rebellion, f and when called out he 
exercises the usual powers of commander over it. He 
cannot, however, send any member out of the State 
without his own consent. 

4. Organization — The militia, when organized, is 
divided in the usual way into brigades, regiments, 
companies, etc., with the usual officers : adjutant-gen- 
eral, colonels, captains, etc. In some States the offi- 
cers are appointed by the governor or the legislature ; 
in others they are elected by the men they are to com- 
mand. But in most of the States the militia remains 
practically unorganized. 

5. Training- — For many years after the Revolution, 
when the militia was more or less organized all the 
time, it was called out annually in each State for the 
purpose of training ; but these annual trainings were 
seen to be of so little value that they gradually fell 

* In many States those, also, are exempt who have conscientious 
scruples as to whether war is ever right, such as the Quakers. 

f An insurrection is an attempt of persons to prevent the execu- 
tion of a law. Rebellion generally means nearly the same ; but more 
properly it signifies a revolt, or an attempt to overthrow the govern- 
ment to establish a different one. 



EXECUTIVE DEPARTMENT 77 

into disuse. At present the militia in this country is 
not much more, practically, than an imaginary body, 
and the great body of the people have no military 
duties to perform. 

6. Volunteer Regiments — But occasions do arise 
when it is necessary for a State to have some orjran- 
ized, equipped, and drilled force at hand. This neces- 
sity is supplied by the volunteer companies, or regi- 
ments, existing in most of the States. These organize 
themselves, elect their own members and officers, select 
their own uniform, and the branch of the service to 
which they will attach themselves. The State usually 
grants them more or less aid, in the way of arms, 
armories, etc. When organized, they come under the 
military laws of the State, and are subject to orders of 
the commander-in-chief, in the same manner as the 
militia is, and he can call them out when necessary. 
These regiments are called in some States the national 
gtiard, and popularly they are called the militia. 

7. United States Militia — We have said the militia 
of the United States consisted of the militia of all the 
States. The President has power to call it out at 
times when the standing army is not sufficient, and 
when so called out it passes out of State control and 
under that of the United States. But this refers to 
the unorganized militia. Over the volunteer regi- 
ments spoken of in the preceding section the United 
States has no control. The national government will 
probably never call out the unorganized militia, but will 
rely on the formation of volunteer regiments. In the 
late Civil War most of the United States army was 
composed of volunteer regiments formed in the loyal 
States, and then mustered into the United States service. 



78 STATE GOVERNMENTS 



SECTION IV.— JUDICIAL DEPARTMENT 
CHAPTER XIX 

COURTS 

1. Necessity — The judicial department consists of 
the courts of a State. We have seen that the legisla- 
five department makes laws and the executive depart- 
ment carries them out ; but there is one other function 
of government which properly comes in between the 
making and the execution of the law. This is its 
application to particular cases when disputes arise. 
Very often in a particular case it will be hard to tell 
what the truth is, as one party will say one thing and 
the other another ; and again one side will claim that 
the law does not include his case, and the other side 
will claim that it does. These points must be decided 
before the law can be executed. The executive depart- 
ment might decide them, but justice is more likely to 
be done if the one that decides has nothing else to do 
with the case. For this reason the separate judicial 
department is established. The higher courts of a 
State are usually established by its constitution, the 
lower courts by the legislature. 

2. Diversity — There is great diversity among the 
States in the names and powers of the different courts. 
No two States are exactly alike. But the following 
sketch gives a general idea of the judicial system pre- 
vailing in most of the States. 

3. Court for the Trial of Impeachments — This is 
the name applied to the upper house of the legislature 



JUDICIAL DEPARTMENT 79 

when trying a public officer for malfeasance (i.e., cor- 
rupt conduct) in office.* Impeachment is the formal 
act of the lower house by which it makes the charge 
against him.f Generally the lower house has the sole 
right of impeachment, and the upper house the sole 
right to try impeachments. On such trial the upper 
house is in reality a court.;}: 

4. Supreme Court — This is the name usually given 
to the highest court — of which there is .only one in 
the State. It consists of several judges (very often 
three), and has usually only appellate jurisdiction.^ 
Appeals • may be taken to it in both civil and 
criminal cases, | from the next lower — the Circuit — 
courts. 

5. Circuit Courts If— Of these there are generally ;i 

*As, if a governor, for money offered him, should approve and 
sign a law ; or a judge should, for money or from some other selfish 
or personal motive, give a wrong judgment. 

fit must be remembered that impeachment is not the conviction 
of the offence, but only the accusation. If is analogous to an indict- 
ment by a grand jury. (See page 87.) It may happen, therefore, 
that an officer is impeached and afterward acquitted on the trial, as 
President Andrew Johnson was in 1868. 

\ This practice has come from Great Britain, where the impeach- 
ment is made by the House of Commons, and the House of Lords is 
the High Court of Impeachment. 

£The word jurisdiction is from the Latin jus, law, and dictio, a 
pronouncing or speaking. Hence the jurisdiction of a court means 
the class of cases in which it has power to pronounce the law. A 
courtis said to have original jurisdiction when the case may originate 
(be commenced) in it ; it has appellate jurisdiction when it may hear 
the case on appeal from a lower court. 

|| Civil cases are those between private parties for debt or for some 
injury to person or property. Criminal cases are those in which the 
State seeks to punish one for some criminal offence. 

If Thev derive their name from this circumstance : Each court has 



80 STATE GOVERNMENTS 

number (from ten to thirty) in every State, one for 
each district into which the State is divided. In many 
States they are called district courts, because there is 
one in each district ; in a few they correspond to the 
superior courts, so called because they are of higher 
grade than the justices' courts. They have original 
jurisdiction, in general, of all classes of cases, both 
civil and criminal, and are the courts in which the 
great body of trials are had. They also hear appeals 
from the lower courts. 

6. Justices of the Peace — In each town, or similar 
division, there are usually several of these officers. 
Each justice holds court, and has power to try civil 
cases which involve small amounts (in some States it 
must be less than $100, in others less than $50), and to 
try persons who have committed small offences. They 
also have important powers with regard to arresting 
and examining those accused of higher crimes. (See 
page 88.) In many States they have executive duties 
also. 

7. Probate Courts — There is usually one of these in 
every county, composed of a single judge. They are 
quite different in character from the courts already 
described. Their powers and duties relate to the 
estates of deceased persons, to see that they go to the 

its district, including- several counties, and as the law usually re- 
quires, for the convenience of suitors, that the court be held once or 
twice a year in each county, the judges travel from one county to 
another. 

In some of the States of New England this system of courts does 
not exist. The highest court performs their duties, having both 
original and appellate jurisdiction. It will be noticed that New 
England is different from the rest of the country in many of her 
political institutions. 



JUDICIAL DEPARTMENT si 

persons entitled to them. They take proof of wills 
and empower executors to act.* Where a person dies 
without a will the probate court appoints an adminis- 
trator, who distributes the personal property (for dis- 
tinction between personal and real property, see page 
63) among the relatives to whom it belongs by law.f 
It has poAver to remove the executor or administrator 
if he does not do his duty ; to settle his accounts ; and 
decide disputes which arise, as to the distribution of 
the estate. Probate courts also take charge of the 
estates of minors whose parents have died, and appoint 
guardians for them. For this reason they are some- 
times called orphans' courts. Appeals may be taken 
from these courts to the Supreme Court, or sometimes 
to the Circuit Courts. 

8. Courts of Chancery exist in several States. 
They have power to grant certain kinds of relief that, 
in the States where they exist, the other courts can 
not ; such as compelling a man to perform a contract, 
instead of awarding money as damages for his not 
doing it, or granting an injunction against one's doing 
an unlawful act. These are also called courts of equity. 
It is unnecessary to enumerate their powers, as in 
most States they do not exist, and there the other 
courts have all their powers. 

9. Other Courts — In some States there are other 



* A will is a writing by which a person directs to whom his prop- 
erty shall be given after his death. The Latin probatus means proof, 
from which the courts derive their name. An executor is a person 
appointed in a will to carry out its provisions. 

f An administrator has no jurisdiction over the land owned by 
the deceased that the heirs can take possession of without any 
authority from the court. An executor, in general, executes the 
will both as regards personal and real property. 



82 STATE GOVERNMENTS 

courts with various powers. County courts, or courts 
of common pleas, exist in some, having jurisdiction in 
civil cases, somewhat higher than justices' courts; 
courts of sessions and courts of oyer and terminer, 
Avhere they exist, are courts of criminal jurisdiction ; 
police courts are often established in cities with juris- 
diction to try the lower criminal offences ; large cities 
generally have additional courts. 

10. Elections and Terms — Judges are sometimes 
elected by the people, sometimes by the legislature, 
and sometimes appointed by the governor. The terms 
of office vary, being generally six to ten years in the 
higher courts, while justices of the peace are elected or 
appointed every one or frvvo years. In a few States 
(in New England) the judges of the highest court hold 
office for life, or until seventy years of age. Like 
legislative and executive officers, they receive salaries 
fixed by law. 

CHAPTER XX 

LEGAL PROCEEDINGS 

a. Impeachment 

1. Impeachment — A complaint against the officer 
having been brought formally before the lower house of 
the legislature, it votes whether he shall be impeached 
or not, and if it is decided that there are sufficient 
grounds for the charge, articles of impeachment are 
prepared and delivered to the upper house, and a coim 
mittee of managers is selected from the members of 
the lower house to conduct the prosecution. 

2. Trial — The upper house (senate) then convenes 



JUDICIAL DEPARTMENT S3 

as a court, the accused person is summoned to answer 
the charge, and a time is fixed for the trial. The 
trial is conducted in much the same way as a trial in 
other courts, and at the close the senate votes upon his 
guilt, a two-thirds vote being generally required to 
convict. If convicted, the court may remove him from 
office, or disqualify him to hold any office in the State, 
for a time, or for life ; or may both remove and dis- 
qualify him. This court can pronounce no other sen- 
tence. But if the act committed is a crime, the offender 
may also be indicted, tried, and punished in a court of 
justice. 

1). Proceedings in Ordinary Civil Cases 

3. Parties — In both civil and criminal cases the 
party suing is called the plaintiff (i.e., the one com- 
plaining), and the party sued the defendant (i.e., the 
one defending himself).* 

We will now give a sketch of the ordinary steps in 
a civil action in their order. 

4. Summons — Except in the lowest courts, all the 
proceedings in a lawsuit are taken by means of written 
papers. This is that they may be preserved. The 
first paper is ordinarily a summons. This is a writ 
issued by the court at the instance of the plaintiff, and 

* Jn a criminal case the State is the plaintiff, and the accused the 
defendant. The State — i.e., the whole people — are the ones injured 
by a crime. For example, in New York State the title of a criminal 
case is "The People of the State of New York against John Smith."' 
Also, the person against whom the offence is committed has his civil 
remedy, a suit for damages, against the offender. So that in the 
case of a criminal offence (for instance, assault and battery) the 
injured party can sue the offender for damages, and the State can 
punish him at the same time. 



84 STATE GOVERNMENTS 

served upon the defendant, summoning him to appear 
in court. Generally this appearance is made not by 
coming into court in person, but by the defendant's 
attorney * filing a notice in the clerk's office. If he 
does not appear within a certain time, the plaintiff 
may take judgment and issue execution immediately. 
(See page 86.) 

5. Pleadings — If the defendant appears, the plaintiff 
is then required to file or serve his declaration or com- 
plaint^ setting forth what he claims, and the facts on 
which he bases the claim. The defendant then files or 
serves his plea, or answer, or demurrer j\ setting forth 
his defence ; that is, the reasons why he thinks he 
should not be compelled to do what the plaintiff de- 
mands. These papers are called the pleadings. Some- 
times other papers are necessary. If the pleadings 
agree as to the facts, the matter is then presented to 
the court, and it makes its decision, without — what is 
popularly called — a trial. But if the pleadings do not 
agree as to the facts — if, for instance, the plea denies 
any fact the declaration sets out — this dispute must be 
settled by a trial. 

6. Jury — Trials may be had before the court alone, 
but in many cases either party may claim the right to 
have disputed facts decided by a jury. ,\ In the higher 
courts a jury consists of twelve men ; in justices' 
courts, of six. At every term of court (except in jus- 

* In this connection an attorney, or counsel, is a lawyer who con- 
ducts a lawsuit for a person. Tn a broader sense, attorney often 
means an agent to transact any business. 

f These words have different meanings, unnecessary to state here. 

\ So important is this right considered that it is guaranteed to 
every one, in certain cases, by most of the State constitutions. It was 
derived from England, where it has been enjoyed many centuries. 



JUDICIAL DEPARTMENT 85 

tices' courts) a number of men residing in the county 
are summoned to attend court to servo as jurors dur- 
ing the term, which lasts one or two weeks. From 
these the jury in each particular case is chosen by 
lot. 

7. Trial — As soon as the pleadings are filed or 
served either party may summon the other to trial. 
If either party does not appear at the trial, the other 
may have judgment against him. If the witnesses are 
unwilling to come, a subpoena (pronounced swppena) 
may be issued to them. This is a writ from the court 
commanding them to attend, under heavy penalties if 
they do not. A judge always presides at the trial, and 
decides whether the evidence offered by either side is 
proper to be admitted in the case. The usual course 
of proceeding is as follows : The plaintiff's counsel opens 
the trial by briefly stating what the case is, and then 
examines such witnesses as he chooses, the defendant's 
counsel having the right to cross-examine each one, if 
he thinks the testimony needs to be made clearer ; this 
examination and cross-examination is made by the 
counsel asking questions which the witness must an- 
swer, and the witness is not allowed to do anything 
but answer the questions put him ; after the plaintiff 
has presented all his witnesses, the defendant's counsel, 
in turn, briefly states what his defence is, and examines 
his witnesses, the other side cross-examining each one 
if he desires ; the defendant's counsel then makes an 
argument upon the case, and the plaintiff's counsel 
closes with his argument. This ends the trial if it is 
before the court alone. But if it is before a jury, the 
judge delivers a charge to the jury, giving them a 
summary of the evidence on both sides and pointing 



86 STATE GOVERNMENTS 

out to them the points they are to decide. The jury 
then retire, and deliberate in secret. 

8. Verdict — If the jury cannot agree, they are dis- 
charged, and another trial may be had ; but if they 
agree, they return to court and announce their verdict. 
This word is from the Latin verum, true, and dictum, 
saying. In most States all the members of a jury 
must agree before a verdict can be rendered. 

9. Judgment — After a verdict, or decision of a case 
by the court, formal judgment is entered (i.e., filed or 
recorded), and the successful party may add as a part 
of it what are called costs. These are certain sums of 
money allowed to him to compensate for his expenses. 
It is considered just that the one who is decided to be 
in the wrong should pay all the expense. 

10. Appeal — If the defeated party thinks justice 
has not been done, he may appeal to the next higher 
court. This court does not try the case over again, 
but simply examines all that was done in the lower 
court to see if any error was committed. If there was 
none, it affirms the judgment; but if any — even a 
slight — error was committed, it reverses the judgment 
and grants a new tried, which is conducted in the same 
way as the first. In many cases, if either party is 
dissatisfied with the decision of the higher court he 
may appeal to a still higher one, which, in turn, affirms 
or reverses. In this way a single case may have three 
or four trials, and five or six appeals, though that is 
very unusual. Small cases cannot generally be appealed 
to the highest court. 

11. Execution against Property — After judgment 
is obtained against one, if he does not pay it, a writ 
called an execution against the property may be issued 



JUDICIAL DEPARTMENT 87 

to the sheriff. This commands him to seize the debtor's 
property and sell it until he has sold enough to satisfy 
(i.e., pay) the judgment. Certain articles, such as house- 
hold goods and clothing, cannot be sold by the sheriff. 

12. Execution against the Person — Formerly, in 
addition to the execution against property, an execution 
against the person could be issued in all cases. This 
commanded the sheriff to put the debtor in jail until 
he paid the judgment. But now this extreme remedy 
is abolished, except in cases where the judgment is 
obtained for some act implying moral turpitude, such 
as libel, assault, fraud, etc. In cases of ordinary debt, 
such as for goods sold, money borrowed, etc., this 
execution cannot be had. 

c. Proceedings in Criminal Cases 

13. Indictment * — It is usual for State constitutions 
to contain provisions requiring that before one can be 
tried for a criminal offence (except a petty one) he must 
be indicted by a grand jury. A grand jury is a body 
of citizens (usually twenty-three) summoned in every 
county several times during the year, to inquire what 
crimes have been committed in the county. An indict- 
ment is a formal accusation made by a grand jury 
against a person that he has committed a crime. The 
process of indictment is as follows : Some one, usually 
the district attorney, brings the fact of a crime to their 
notice ; the jury then summon the witnesses f named 
and examine them ; if twelve of the jurors vote that 
there is sufficient cause for putting him on trial, the 

* Pronounced inditement. 

f No witnesses in favor of the accused are examined by the grand 
jury. 



88 STATE GOVERNMENTS 

indictment is drawn up by the district attorney, en- 
dorsed " a true bill " by the foreman of the grand jury, 
and then ^sent to the court. These proceedings are 
kept secret, in order to prevent the offender's escape. 

14. Arrest and Bail — A warrant may then be issued 
for the arrest of the accused. If arrested, he may give 
bail, except in cases of crimes punishable by death, like 
murder. Giving bail consists of giving a bond, by 
which the bondsmen agree to pay the State a certain 
sum of money if the prisoner does not appear when he 
is wanted. The prisoner is then released until his trial. 
He is then supposed to be in the custody of his bonds- 
men, and they can arrest him at any time. 

15. Examination — But often it is feared that if an 
indictment is awaited the offender may escape. In 
such case a complaint is sworn to before a justice of 
the peace, or other magistrate, and he issues a war- 
rant. When the arrest is made the accused is brought 
before him, and he makes a short examination of the 
case. If the evidence is such that he thinks the accused 
should be tried, he commits him to prison to await the 
action of the grand jury, or if the case be not indicta- 
ble, to be tried at the next court. He may then give 
bail. 

16. Habeas Corpus * — If the prisoner thinks that 

* This is the most famous writ in the law. It applies to all cases 
where one person is unlawfully restrained by another, as well as to 
persons charged with criminal offences. It is often used by a father 
to gain possession of his child which has been unlawfully taken from 
him. So important is it considered that State constitutions often 
provide that the right of having the writ shall not be suspended by 
the legislature except in time of rebellion or invasion. It protects 
the right of personal liberty by causing the ground of arrest or 
restraint to be examined by a competent judge. 



JUDICIAL DEPARTMENT 89 

his arrest is unlawful, he, or any one in his interest, 
may apply to any judge of a higher court for a writ of 
habeas corpus. This commands the sheriff, or whoever 
has him in custody, to bring him before the judge. 
The case is not tried then, but the judge simply exam- 
ines the case to see whether the arrest is lawful ; that 
is, whether any crime is charged, or whether there is 
any proper complaint. If he decides that the prisoner 
is lawfully held, he remands him to prison ; if not, he 
orders him released. 

17. Trial — Due notice being given to the prisoner, 
and a counsel to conduct his case being furnished him 
by the State, if he has none, he is brought to trial, 
and, except in petty cases, has the constitutional right 
to be tried by a jury. lie is first called upon to plead 
to the indictment (i.e., answer it), and he may plead 
" guilty " or " not guilty." This is called arraignment. 
If he pleads " guilty," he is immediately sentenced ; 
if "not guilty," the trial proceeds. The course of 
the trial is the same as in civil cases : the opening- 
addresses ; examination and cross-examination of the 
witnesses on each side ; the arguments of counsel ; 
the charge ; and the verdict (see page 80). After ver- 
dict he is discharged or sentenced, according as he is 
found innocent or guilty. 

d. Other Proceedings 

18. In Probate Courts — Here the proceedings, 
though somewhat different, bear a resemblance to 
those in other courts. Generally there is no contest ; 
but when there is the court proceeds in much the same 
way as other courts, but without a jury. 

19. Special Proceedings^-The proceedings already 



90 REVIEW QUESTIONS 

described do not embrace all the varieties. Courts are 
applied to for a great many objects, which cannot be 
enumerated here, and the proceedings taken differ in 
different classes of cases. But in all legal proceedings 
the object is to briug all the parties interested before 
the court, so that it may learn what all claim, and give 
each one a chance to disprove misstatements made by 
any one else. 



KEVIEW QUESTIONS 

General Principles of Government 

Necessity for Society and Government 

1. Why is civil society necessary to mankind ? 

2. From what does the right of private property come ? 

3. What is law ? Why necessary ? 

4. Why is government necessary ? 



Classification of Rights and Lew 

5. What is a right ? 

6. What are political rights ? In what act does a man exercise 

them ? 

7. Name the different classes of civil rights. 

8. To what class do religions rights belong ? 

9. What is the difference between the moral law and the law of 

nature ? 
10. What is the difference between the moral law and municipal 
law ? Which is the broader ? Whv ? 



REVIEW QUESTIONS 91 



Forms of Government 

11. Name and define the three fundamental forms of government. 

12. What is a despotism ? 

13. To what form of government does England belong? Is it abso- 

lute or limited ? 

14. Explain the difference between a Republic and a Pure Democ- 

racy. 

15. To which form does the United States Government belong ? To 

which do the State Governments ? Why ? 



State Governments 

Constitution : Election.: Departments 

1. What is a constitution in this country ? How many are there 

here now ? 

2. How are constitutions framed ? By whom, and how, adopted ? 

3. Name the usual qualifications of voters, as to age, sex, residences 

property, character, and color. 

4. Describe the manner of conducting an election. 

5. What is registration ? 

6. What is the difference between a majority and a plurality ? 

Which, usually, is necessary to elect a person ? 

7. How many departments of government are there ? Give the 

name and duties of each. Why are they kept distinct ? 

Legislative Departm en I 

8. Name the two branches of the legislature. Which is the larger 

house ? Which the more select ? 

9. Are legislators elected or appointed ? 

10. How often do legislatures meet? What does organization con- 

sist of ? 

11. What is a quorum ? How many usually constitute it (i.e., what 

proportion) ? 

12. Are the proceedings of legislatures open or secret ? 

13. Describe the usual method of enacting laws. 

14. What are the purpose and use of committees ? 

15. What is a veto ? Its effect ? 

16. Is a law valid which is passed with all the formalities which the 

constitution prescribes, but not according to the rules of the 
legislature ? 

Executive Department 

17. Who is the chief executive officer of a State ? How does he differ 

from a king ? 

18. Name his principal powers. 



92 REVIEW QUESTIONS 

19. Name the other high executive State officers, and their duties. 

20. What are the territorial divisions of a State ? Their purpose ? 

21. Which is the more important political division (county or town) 

in the Southern States ? In New England ? 

22. What is a municipal corporation ? Give some examples. 

23. Name the principal county officers, and their duties. 

24. Which represent the county, and which the State ? 

25. Name the principal town officers, and their duties. 

26. Are officers of the executive department elected or appointed ? 

27. What is a city ? A village ? W ny are they incorporated ? 

28. Are inhabitants of cities and villages subject to the general laws 

of the State ? 

29. In what particulars do municipal corporations differ from private ? 

The State from other municipal corporations ? 

30. What is a tax ? Its purpose ? 

31. Upon what kind of property are most of the taxes collected ? 

32. What are assessors ? 

33. How is a tax collected when the party will not pay it, in case he 

is taxed for personal property ? How, in case he is taxed for 
land ? 

34. Explain why any government should furnish some education to 

its citizens. Why should we in this country especially ? 

35. How are common schools supported ? 

36. Name some public institutions supported by the State. 

37. How does a railroad or canal company acquire its land ? 

38. Explain the difference between militia and a standing army. 

39. Of what is a State militia composed ? Of what, the United States 

militia ? 

40. Who is the highest officer of the State militia ? 

41. What are volunteer regiments ? 



Judicial Department 

42. What duties does the judicial department perform ? 

43. What is impeachment ? What body tries impeachments ? What 

judgment may it render ? 

44. What is the difference between a civil and a criminal case ? Be- 

tween original and appellate jurisdiction ? 

45. Name the three grades of law courts in a State, with the usual 

jurisdiction of each. About how many courts are there in each 
grade ? 

46. What are the duties of probate courts ? 

47. Describe the progress of an ordinary civil case. Describe the 

course of a trial. 

48. In what civil cases may a defendant be arrested ? 

49. What is an indictment ? A grand jury ? 

50. Describe the progress of an ordinary criminal case. 

51. Who is the plaintiff in a criminal case ? 



DIVISION III 
National Government 

SECTION I.— ITS ORIGIN AND NATURE 

CHAPTER XXI 

GOVERNMENT BEFORE THE REVOLUTION 

1. The United States a Nation — Besides the State 
governments that we have described, there is in this 
country another government, to which all the people 
of all the States are subject, and which, in its own 
sphere, has paramount authority over all the State 
governments. This is the United States Government. 
The people of all the original States severally adopted 
another constitution, the United States Constitution. 
This established another and superior government for 
all the people, which is therefore called the National 
Government. In this document the Nation is called 
" The United States of America." To assist the 
reader in understanding the Constitution and govern- 
ment of the United States, we shall first give a sketch 
of the governments which preceded the Revolution, 
and of the principal causes which led to it. 

2. The Colonies — Most of those who study this 
work probably know that our present State and na- 
tional governments were not established by the early 
settlers in this country. The first inhabitants (except 
the Indians) were colonists. A colony is a settlement 



94 NATIONAL GOVERNMENT 

of persons in a distant place or country, who remain 
subject to the government of the country from which 
they came. At the time of the Revolution there 
existed here thirteen colonies, settled mostly from 
Great Britain, all subject to the British sovereign, but 
independent of each other. 

3. Colonial Governments — The political rights and 
privileges enjoyed by the Colonists as British subjects 
were limited. The people had not then, as now, con- 
stitutions of their own choice. There were colonial 
governments; but they were such as the king was 
pleased to establish, and, generally, might be changed 
at his pleasure. These governments were in form 
somewhat similar to that of our State governments. 
There was what might be called a legislature ; also an 
executive or governor; and there were judges. But 
of the officers of these departments of the govern- 
ment, only the members of the lower branch of the 
legislature were elected by the people. The other 
branch was composed of a small number of men, 
called a council; but they were appointed by the king 
and subject to his control, as was also the governor, 
who had the power of an absolute negative or veto to 
any proposed law. And laws, after having received 
the assent of the governor, had to be sent to England 
and approved by the king before they could go into 
effect. The judges were appointed by the governor. 
The Colonies were also subject to the laws of the 
British Parliament. 

4. Good Laws Denied — Hence we see that the 
colonists had no security for the passage of such laws 
as they wanted. And the consequence was that they 
were often denied good laws. 



ORIGIN AND NATURE 95 

5. Oppressive Laws of Parliament — Not only so : 



many laws enacted by Parliament were very unjust 
and oppressive. The object of these laws was to se- 
cure to Great Britain alone the trade of the Colonies. 
One law declared that no goods should be imported 
by the Colonists but in British vessels ; if brought in 
other vessels, both the goods and vessels were to be 
forfeited to the British Government. Another law 
declared that no iron wares should be manufactured by 
the Colonists, so as to compel them to buy of Great 
Britain. So also the Colonists were permitted to ship 
to foreign markets such products only as British mer- 
chants did not want. They were prohibited from sell- 
ing abroad any wool, yarn, or woollen manufactured 
goods, in order to keep the foreign markets open for 
British wool and manufactures. 

6. Duties — One way taken to compel the Colonies to 
buy of Great Britain alone was to impose heavy duties 
on goods imported from anywhere else. For instance : 
the Colonists traded with the West India islands, some 
of which belonged to Great Britain, some to France, 
and some to Spain. To secure the whole trade to the 
British islands, the British Government imposed high 
duties upon the molasses, sugar, and other articles 
imported into the Colonies from the French and Span- 
ish islands. The people of the Colonies were therefore 
obliged to import the above-mentioned goods from the 
British islands only, while, if there had been no duty, 
they could have obtained them more cheaply from the 
others. 

7. Taxation without Representation — Not satis- 
fied with these acts, Parliament claimed the right to 
tax the Colonies " in all cases whatsoever " ; and an 



96 NATIONAL GOVERNMENT 

act was passed accordingly, laying duties upon all tea, 
glass, paper, etc., imported into the Colonies ; and the 
money thus collected was put into the British treasury. 
The Colonists petitioned the king and Parliament to 
repeal these obnoxious laws, claiming that under a free 
o-overnment there should be no taxation without repre- 
sentation ; that is, that no legislative body had the 
right to tax them, unless they had representatives of 
their own in that body ; and they had none in Parlia- 
ment." These petitions were, however, disregarded. 

8. Result — The Colonies resisted the payment of 
these unjust taxes. Troops were then sent to compel 
submission, and the Colonists, too, began to arm. 
Finally, the Congress, which was a body of delegates 
from the several Colonies, giving up all hope of relief, 
declared by the Declaration of Independence, on July 
4, 1776, the Colonies to be free and independent States, 
no longer subject to the government of Great Britain. 
This declaration was maintained by a war which lasted 
about seven years, when Great Britain gave up the 
contest and acknowledged the independence of the 
States; and the Revolution was accomplished. By 
this declaration the thirteen Colonies became thirteen 
States, independent not only of Great Britain, but 
also, in most respects, of each other. 



CHAPTER XXII 

THE CONFEDERATION 

1. Continental Congress— As early as the year 1774, 
the Colonics united in the plan of a congress, to be 
composed of delegates chosen in all the Colonies, for 



ORIGIN AND NATURE 97 

the purpose of consulting on the common good and of 
adopting measures of resistance to the claims of the 
British Government. The Continental Congress, con- 
vened in May, 1775, conducted the affairs of the coun- 
try until near the close of the war. This body was in 
reality a revolutionary body. It had nothing to define 
or limit its powers. But the people relied upon the 
honor, wisdom, and patriotism of its members, and 
acquiesced in their acts. 

2. Confederation — But it was seen from the first 
that the Colonies (now States, by the Declaration of 
Independence) ought to be united, and that a central 
government with clearly defined powers must be 
established. With a view to a permanent union the 
Congress, in November, 1777, agreed upon a frame of 
government, contained in certain articles, called " Arti- 
cles of Confederation and Perpetual Union between 
the States." These articles were to go into effect 
when they should have received the assent of all the 
States. But as the consent of the last State (Mary- 
land) was not obtained until March, 1781, they went 
into operation only about two years before the close of 
the war. 

3. Defective — As a plan of national government, 
the Confederation was soon found to be very defective. 
The union formed under it was a very imperfect one. 
Having been framed in time of war, it had respect to 
the operations of war rather than to a state of peace. 
Its defects appeared almost as soon as it went into 
effect ; and after the return of peace it was found that 
the union, instead of being strengthened and perpetu- 
ated by it, could be preserved only by a radical 
change. 



98 NATIONAL GOVERNMENT 

4. Weakness— The leading defect of the Confedera- 
tion was its weakness. It consisted merely of a legis- 
lature, called the Congress, and had no executive or 
judicial departments. This body could do little more 
than recommend measures. As it could not legislate 
directly upon persons, its measures were to be carried 
into effect by the States ; but the States were not in 
all cases ivilling, and some of them did at times refuse 
to do so, and Congress could not compel them. It 
belonged to Congress to determine the number of 
troops and the sums of money necessary to carry on 
the war, and to call on each State to raise its share ; 
but Congress could not enforce its demands. It bor- 
rowed money in its own name, but it had no means of 
raising money to pay it. Hence we see that Congress 
was dependent for' everything upon the good-will of 
thirteen independent States. It is a wonder that a 
government of such inherent weakness should bring 
the war to a successful issue. It was a sense of danger 
from abroad, rather than any power in the govern- 
ment, that induced a sufficient compliance with the 
ordinances of Congress to achieve the independence 
of the States. 

5. Taxes and Duties — Congress had no power to 
levy taxes or to impose duties. These powers were 
reserved to the States. Even during the war the 
necessary means to carry it on were with difficulty 
collected from the States. But after the war not only 
was money needed for the ordinary expenses of the 
government, but there was a heavy debt to be paid. 
Duties were necessary also to regulate foreign trade, 
but each State imposed such as it saw fit, and there 
was no uniformity. Hence American commerce was 



ORIGIN AXD NATURE 99 

fast being destroyed through the want of power in 
the central government to regulate it. 

O. Discord between States — Another of the numer- 
ous troubles which arose from this imperfect union 
was the want of peace and harmony between the 
States. Laws were enacted in some States with a view 
to their own interests, which operated injuriously 
upon other States. This induced the latter to retal- 
iate, by passing laws partial to themselves and injuri- 
ous to the former. The States soon became disaffected 
toward each other; and their mutual jealousies and 
rivalries and animosities at length became so great as 
to cause fears that some of the States would become 
involved in war among themselves, and that thus the 
union would be broken up. 

7. Attempts at Amendment — In view of these diffi- 
culties, attempts were made to change the Articles of 
Confederation so as to give the Congress more power, 
especially in the matter of regulating trade ; but the 
attempts failed. 

8. Convention of 178<> — In January, 1786, the leg- 
islature of Virginia proposed a convention of commis- 
sioners from all the States, to take into consideration 
the situation and trade of the United States and the 
necessity of a uniform system of commercial regula- 
tions. A meeting was accordingly held at Annapolis 
in September, 1786 ; but as commissioners from only 
live States'" attended, the commissioners deemed it 
unadvisable to proceed to business relating to an object 
in which all the States were concerned ; but they 
united in a report to the several States and to Con- 
gress, in which they recommended the calling of a gen- 

*New York, New Jersey, Pennsylvania, Delaware, and Virginia. 



100 NATIONAL GOVERNMENT 

era! convention of delegates from all the States, to 
meet in Philadelphia in May, 1787, with a view not 
only to the regulation of commerce, but to such other 
amendments of the Articles of Confederation as were 
necessary to render them " adequate to the exigencies 
of the union." 

9. Convention of 1787 — In pursuance of this rec- 
ommendation, Congress, in February, 1787, passed a 
resolution providing for a convention. All the States 
except Rhode Island appointed delegates, who met 
pursuant to appointment and framed the present Con- 
stitution of the United States. They also recom- 
mended it to be laid by Congress before the several 
States, to be by them considered and ratified in con- 
ventions of representatives of the people. 

10. Adoption of Constitution — By this Constitu- 
tion, as soon as the people of nine States ratified it, 
it was to go into effect as to the States so ratifying. 
Conventions of the people were accordingly held in all 
the States. The ninth State, New Hampshire, sent its 
ratification to Congress in July, 1788 ; and measures 
were taken by Congress to put the new government 
into operation. North Carolina and Rhode Island, 
the last States to accept the Constitution, did not send 
their ratifications until the year after the government 
was organized. 

CHAPTER XXIII 

THE UNION UNDER THE CONSTITUTION 

1. Confederacy and Nation — The Confederation 
and the Union under the Constitution were each a 
union of the States, but they differed vastly from each 



ORIGIN AND NATURE 101 

other. This difference may be best summed up by 
saying that the first made a Confederacy, the second a 
Nation.* Under the Confederation the States, though 
united as States " in a firm league of friendship with 
each other," yet expressly " retained each its sover- 
eignty, freedom and independence." The people were 
citizens of the several States rather than of a con- 
solidated Nation. Under the Constitution the States 
are no longer sovereign. The Nation is above them, 
and they can do nothing contrary to the Constitution. 
They have in many respects surrendered their sover- 
eignty to the Nation for the good of all. If they 
attempt to withdraw, the Nation can coerce them.f 
The people of the States are also citizens of the United 
States. We will give in the following sections the 
chief differences between the Confederation and the 

* A confederacy is a league, or compact between individuals, 
whether persons or nations: a nation, as distinguished from. a con- 
federacy, is a people indissolubly bound together as a unit, a single 
people. One is a combination, the other a consolidation. There is 
another sense in which the word nation is often used, that of a people, 
or combination of peoples, having a common central authority, which 
represents them in all relations with foreign nations. The States 
were never known or treated by foreign powers as separate nations, 
and therefore in this sense the whole people were one nation even 
under the Confederation. Further than this, it may be said that 
even before the Constitution the whole people, besides being bound 
together by ties of common parentage and mutual dependence, often 
acted as a consolidated nation, a single sovereignty instead of thirteen. 

f At the time of the late Civil War the Southern States claimed 
that the Nation was but a Confederation, and that therefore they 
could withdraw. This they attempted to do, and set up a govern- 
ment of their own, calling it the "Confederate States of America." 
But — if force of arms can ever settle a logical question — it is now 
settled that our country is not a mere Confederation, but a 
Nation. 



102 NATIONAL GOVERNMENT 

present Union, which taken together make one a Con- 
federacy and the other a Nation. 

2. Name — The document which established the Con- 
federation professed in its name to make nothing but a 
league between the States, as States, calling itself "Ar- 
ticles of Confederation . . . between the States." 
The Constitution, on the other hand, professes to make 
a union of the people, and not of the States : thus its 
preamble reads, " We, the People of the United States 
. . . do ordain and establish this Constitution." 

3. By Whom Adopted — The Articles of Confedera- 
tion were adopted by the State legislatures, acting for 
the States, as States ; the Constitution was adopted by 
conventions elected by the people in the several States. 
By whom they were framed is of little import. 

4. Power — But the chief difference between the two 
was in their power. We have seen that the Confedera- 
tion had no power except to pass laws, and States and 
individuals could disobey them without fear of punish- 
ment, for it had no executive department to enforce, 
and no judicial department to judge of, its laws. But 
the Constitution gives the National Government all 
necessary powers to enforce obedience to its laws ; a 
complete executive department, with armies and money 
(or the power to raise them) at its command ; and also 
a judicial department free from State control. 

5. State Equality — Again, under the Confederation, 
as in confederacies generally, the States were equal. 
They were entitled to an equal number of delegates 
in the Congress, in which they voted by States, each 
State having one vote ; that is, if a majority of the 
delegates of a State voted in favor of or against a pro- 
posed measure, the vote of the State was so counted ; 



ORIGIN AND NATURE 103 

and a proposition having in its favor a majority of 
the States was carried. Under the Constitution both 
branches of the legislature votejw capita, the vote of 
each member counting one, and in the lower branch 
the representation is according to population, and thus 
the larger States have more members. The President, 
too, is elected, not by States, but by a majority vote of 
the Electors. (See pages 132, 170.) 

6. National Government — The government of the 
Confederation, although sometimes called the National 
Government, was not really such, nor was it generally 
so regarded, as appears from the proceedings of the 
Convention that framed the Constitution. Early in 
the session of the Convention a resolution was offered, 
declaring " That a National Government ought to be 
established, consisting of a supreme legislative, judi- 
ciary, and executive." This resolution was strongly 
opposed by a large portion of the delegates, because it 
proposed to establish a national government. They 
were in favor of continuing the Confederation with a 
slight enlargement of the powers of Congress, so as to 
give that body the power to lay and collect taxes and 
to regulate commerce. But the friends of a national 
government prevailed ; and history has proved their 
wisdom. 

7. Federal Union — But although the present gov- 
ernment, with its three departments, its powers, and 
its supremacy over the States, is properly a national 
government, yet it is not wholly such, but partly 
national and partly federal ; some of the federal fea- 
tures of the Confederation having been retained in the 
Constitution, as will appear on a further examination 
of this instrument. Hence the Union is still called. 



104: 



NA TIONAL G YERN3IENT 



with propriety, the Federal Union, and the govern- 
ment the Federal Government. 



CHAPTER XXIV 



CONSTITUTION OF THE UNITED STATES 

[Note.— The following is the text of the Constitution and Amendments. It 
should be studied until the pupil can give the subject and substance of each 
paragraph. The titles of the articles and sections form no part of the document, 
but are added here for the purpose of convenience in reference. The large 
numbers at the left are placed there that the paragraphs may be referred to by 
number in the rest of the book.] 



Preamble 

AVe, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defence, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 

ARTICLE I 

Legislative Department 

Section 1. Division into Two Houses 

1. All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Section 2. House of Representatives 

1. The House of Representatives shall be composed of 
members chosen every second year by the people of the sev- 
eral States ; and the electors in each State shall have the 



c> 



cS 



ORIGIN AND NATURE 105 

qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and 
excluding Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within' three years 
after the first meeting of the Congress of the United States, 
and within every subsequent term of ten years, in such man- 
ner as they shall by law direct. The number of Representa- 
tives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative ; and until such 
enumeration shall be made, the State of New Hampshire 
shall be entitled to choose three; Massachusetts, eight; 
Rhode Island and Providence Plantations, one; Connecticut, 
jive; New York, six; New Jersey, four; Pennsylvania, 
eight; Delaware, one; Maryland, six; Virginia, ten ; North 
Carolina, five ; South Carolina, five ; and Georgia, three. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

Section 3. Senate 

1. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature 



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NATIONAL GOVERNMENT 



9 



10 



11 



12 



13 



14 



thereof, for six years ; and each Senator shall have one 
vote. 

2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided, as equally 
as may be, into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the sec- 
ond year ; of the second class at the expiration of the fourth 
year ; and of the third class at the expiration of the sixth 
year ; so that one third may be chosen every second year : 
and if vacancies happen, by resignation or otherwise, dur- 
ing the recess of the Legislature of any State, the Execu- 
tive thereof may make temporary appointments, until the 
next meeting of the Legislature, which shall then fill such 
vacancies. 

3. No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhab- 
itant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote, unless they be 
equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, 
or when he shall exercise the office of President of the United 
States. 

6. The Senate shall have the sole power to try all impeach- 
ments : when sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief -Justice shall preside ; and no person shall be 
convicted without the concurrence of two-thirds of the mem- 
bers present. 

7. Judgment, in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under 



15 



16 



17 



18 



19 



20 



ORIGIN AND NATURE 107 

the United States ; but the party convicted shall, neverthe- 
less, be liable and subject to indictment, trial, judgment and 
punishment, according to law. 



Section 4. Klections and Meetings of Congress 

1. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the Legislature thereof ; but the Congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing Senators. 

2. The Congress shall assemble at least once in every 
year; and such meeting shall be on the first Monday in 
December, unless they shall, by law, appoint a, different 
day. 

Section 5. Powers and Duties of the Houses 

1. Each House shall be the judge of the elections, returns, 
and qualifications of its own members ; and a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members, in such 
manner, and under such penalties, as each House may 
provide. 

2. Each House may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either House, on any 
question, shall, at the desire of one-fifth of those present, 
be entered on the journal. 

4. Neither House, during the session of Congress, shall, 



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NATIONAL GOVERNMENT 



21 



22 



23 



24 



without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Section G. Privileges of and Prohibitions upon 
Members 

1. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and 
paid out of the Treasury of the United States. They shall, 
in all cases except treason, felony, and breach of the peace, 
be privileged from arrest during their attendance at the 
session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in 
either house, they shall not be questioned in any other 
place. 

2. No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the United States shall be a member of either 
House during his continuance in office. 

Section 7. Revenue Bills: President's Veto 

1. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose, or concur 
with, amendments, as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become a 
law, be presented to the President of the United States; 
if he approve, he shall sign it; but if not, he shall return 
it, with his objections, to that House in which it shall have 
originated, who shall enter the objections at large on their 



OH J (i IN AND NATURE 109 

journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, and, 
if approved by two-thirds of that House, it shall become 
a law. But, in all such cases, the votes of both nouses 
shall be determined by yeas and nays, and the names 
of the persons voting for and against the bills shall be 
entered on the journal of each House respectively. If any 
bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to 
him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress, by their adjournment, pre- 
vent its return, in which case it shall not be a law. 
25 3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment), shall be presented to 
the President of the United States, and before the same shall 
take effect shall be approved by him, or, being disapproved 
by him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and limita- 
tions prescribed in the case of a bill. 



Section S. Legislative Powers of Congress 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and excises 
to pay the debts and provide for the common defence and 
general welfare of the United States; but all duties, imposts, 
and excises shall be uniform throughout the United States: 

2. To borrow money on the credit of the United States: 

3. To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes: 

2.) | 4. To establish a uniform rule of naturalization, and uni- 



26 



27 
28 



110 NATIONAL GOVERNMENT 



30 

31 

32 
33 

34 
35 

36 

37 

38 
39 

40 

41 



42 



form laws on the subject of bankruptcies throughout the 
United States: 

5. To coin money; to regulate the value thereof, and of 
foreign coin; and fix the standard of weights and measures: 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States: 

7. To establish post-offices and post-roads : 

8. To promote the progress of science and useful arts, by 
securing for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries: 

9. To constitute tribunals inferior to the Supreme Court: 

10. To define and punish piracies and felonies committed 
on the high seas, and offences against the law of nations: 

11. To declare war ; grant letters of marque and reprisal; 
and make rules concerning captures on land and water: 

12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years: 

13. To provide and maintain a navy: 

14. To make rules for the government and regulation of 
the land and naval forces : 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions: 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States ; reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress : 

17. To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, 
by cession of particular States and the acceptance of Congress, 
become the seat of the government of the United States, and 
to exercise like authority over all places purchased by the 
consent of the Legislature of the State in which the same 



43 



44 



45 



46 
47 



48 



49 



50 



ORIGIN AND NATURE 111 

shall be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings : And 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the government 
of the United States, or in any department or officer thereof. 

Section 9. Prohibitions upon the United States 

1. The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year one thou- 
sand eight hundred and eight; but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for 
each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended unless when, in cases of rebellion or invasion, the 
public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

5. No tax or duty shall be laid on articles exported from 
any State. No preference shall be given, by any regulation 
of commerce or revenue, to the ports of one State over 
those of another ; nor shall vessels bound to or from one 
State be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

7. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, ac- 



112 



NATIONAL 00VERN3IENT 



51 



52 



53 



cept of any present, emolument, office, or title of any kind 
whatever, from any king, prince, or foreign State. 

Section lO. Prohibitions upon the States 

1. No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make anything but gold and 
silver coin a tender in payment of debts ; pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts ; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec- 
tion laws ; and the net produce of all duties and imposts laid 
by any State on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. No 
State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State, 
or with a foreign power, or engage in war unless actually 
invaded, or in such imminent danger as will not admit of 
delay. 

ARTICLE II 

Executive Department: The President and Vice- 
President 

Section 1. Term: Election: Qualifications: Salary: 
Oath of Office 

1. The executive power shall be vested in a President of 
the United States of America. He shall hold his office 
during the term of four years, and, together with the Vice- 
President, chosen for the same term, be elected as follows : 



54 



55 



56 



57 



ORIGIN AND NATURE \\% 

2. Each State shall appoint, in such manner as the Legis- 
lature thereof may direct, a number of Electors equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 

The following clause has been superseded by Article XII. of the Amend- 
ments : 

3. The Electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the persons 
voted for, and of the number of votes for each, which list they shall sign 
and certify, and transmit, sealed, to the scat of the government of the 
United States, directed to the President of the Senate. The Presidenl of 
the Senate shall, in the presence of the Senate and House of Represent- 
atives, open all the certificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be the President, if such 
numl>er be a majority of the whole number of Electors appointed, and if 
there be more than one who have such majority, and have an equal num- 
ber of votes, then the House of Representatives shall immediately choose 
by ballot one of them for President ; and if no person have a majority, 
then, from the live highest on the list, the said House shall, in like man- 
ner, choose the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members from two- 
thirds of the States, and a majority of the States shall be necessary to a 
choice. In every case, after the choice of the President, the person having 
the greatest number of votes of the Electors shall be the Vice-President. 
But if there should remain two or more who have equal votes, the Senate 
shall choose from them, by ballot, the Vice-President. 

4. The Congress may determine the time of choosing the 
Electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this Consti- 
tution, shall be eligible to the office of President ; neither 

8 



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NATIONAL GOVERNMENT 



58 



59 



60 



61 



shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

0. In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall devolve 
on the Vice-President, and the Congress may, by law, pro- 
vide for the case of removal, death, resignation, or inability, 
both of the President and Vice-President, declaring what 
officer shall then act as President ; and such officer shall 
act accordingly, until the disability be removed, or a Presi- 
dent shall be elected. 

7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the period for which he shall have 
been elected ; and he shall not receive, within that period, 
any other emolument from the United States, or any of 
them. 

8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States ; and 
will, to the best of my ability, preserve, protect, and defend 
the Constitution of the United States." 

Section 2. President's Executive Powers 

1. The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when called into the actual service of the 
United States ; he may require the opinion, in writing, of 
the principal officer in each of the executive Departments, 
upon any subject relating to the duties of their respective 
offices ; and he shall have power to grant reprieves and 



62 



63 



64 



65 



ORIGIN AND NATURE H5 

pardons for offences against the United States, except in 
cases of impeachment. 

2. He shall have power by and with the advice and con- 
sent of the Senate to make treaties, provided two thirds 
of the Senators present concur ; and he shall nominate, and 
by and with the advice and consent of the Senate shall 
appoint, ambassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other officers of the 
United States whose appointments arc not herein otherwise 
provided for, and which shall be established by law ; but 
the Congress may, by law, vest the appointment of such 
inferior officers as they think proper, in the President alone, 
in the courts of law, or in the Heads of Departments. 

:>. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by grant- 
ing commissions which shall expire at the end of their next 
session. 

Section 3. President's Executive Powers 
(continued) 

1. He shall from time to time give to the Congress infor- 
mation of the state of the Union ; and recommend to their 
consideration such measures as he shall judge necessary and 
expedient. He may, on extraordinary occasions, convene 
both Houses, or either of them ; and in case of disagree- 
ment between them, with respect to the time of adjourn- 
ment, he may adjourn them to such time as he shall think 
proper. He shall receive ambassadors and other public 
ministers. He shall take care that the laws be faithfully 
executed ; and shall commission all the officers of the United 
States. 

Section 4. Impeachment 

1. The President, Vice-President, and all civil officers of 
the United States shall be removed from office on impeach- 



11(3 



NATIONAL GOVERNMENT 



66 



68 



ment for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors. 

ARTICLE III 
Judicial Department 

Section 1. Courts : Terms of Office 

1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior Courts as the 
Congress may, from time to time, ordain and establish. The 
judges both of the Supreme and inferior Courts shall hold 
their offices during good behavior; and shall, at stated times, 
receive for their services a compensation which shall not be 
diminished during their continuance in office. 

Section 2. Jurisdiction 

1. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United 
States and treaties made, or which shall be made, under 
their authority ; to all cases affecting ambassadors, other 
public ministers, and consuls ; to all cases of admiralty and 
maritime jurisdiction ; to controversies to which the United 
States shall be a party, to controversies between two or more 
States ; between a State and citizens of another State ; be- 
tween citizens of different States ; between citizens of the 
same State claiming lands under grants of different States ; 
and between a State, or the citizens thereof, and foreign 
States, citizens, or subjects. 

2. In all cases affecting ambassadors, other public minis- 
ters and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 



69 



70 



71 



72 



73 



ORTGTK AND NATURE U7 

such exceptions, and under such regulations, as the Congress 
shall make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed ; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

Section 3. Treason 

1. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted 
of treason, unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punish- 
ment of treason ; but no attainder of treason shall work cor- 
ruption of blood, or forfeiture, except during the life of the 
person attainted. 

ARTICLE IV 

Relations of States 

Section 1. Public Records 

1. Full faith and credit shall be given, in each State, to 
the public acts, records, and judicial proceedings of every 
other State. And the Congress may, by general laws, pre- 
scribe the manner in which such acts, records, and proceed 
ings shall be proved, and the effect thereof. 

Section 2. Rights in one State of Citizens of 
another 

1. The citizens of each State shall be entitled to all the 
privileges and immunities of citizens in the several States. 



118 NATIONAL GOVERNMENT 



K± 



75 



76 



4 i 



78 



2. A person charged in any Slate with treason, felony, or 
other crime, who shall flee from justice and be found in 
another State, shall, on demand of the executive authority 
of the State from which lie fled, be delivered up, to be re- 
moved to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor ; but shall be delivered up on claim of the 
party to whom such service or labor may be due. 



Section 3. New States : Territories 

1. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within 
the jurisdiction of any other State, nor any State be formed 
by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States con- 
cerned, as well as of the Congress. 

2. The Congress shall have power to dispose of, and make 
all needful rules and regulations respecting, the territory or 
other property belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 



Section 4. Protection afforded to States by the 
Nation 

1. The United States shall guarantee to every State in this 
Union a republican form of government ; and shall protect 
each of them against invasion, and on application of the 
Legislature, or of the Executive (when the Legislature can- 
not be convened), against domestic violence. 



79 



80 



81 



82 



ORIGIN AND NATURE HO 

ARTICLE V 

Amendment 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose amendments to this Consti- 
tution, or, on the application of the Legislatures of two thirds 
of the several States, shall call a convention for proposing 
amendments ; which, in either case, shall be valid to all 
intents and purposes, as part of this Constitution, when rati- 
fied by the Legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the one or the 
other mode of ratification may be proposed by the Congress : 
provided, that no amendment which may be made prior to the 
year one thousand eight hundred and eight shall in any man- 
ner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

ARTICLE VI 
National Debts : Supremacy of National Law : Oath 

1. All debts contracted, and engagements entered into, 
before the adoption of this Constitution shall be as valid 
against the United States under this Constitution as under 
the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made or which shall be made under the authority of the 
United States, shall be the supreme law of the land, and the 
judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary not- 
withstanding. 

3. The Senators and Representatives before mentioned, 



120 NATIONAL GOVERNMENT 

and the members of the several Legislatures, and all execu- 
tive and judicial officers, both of the United States and of 
the several States, shall be bound, by oath or affirmation, to 
support this Constitution ; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 

ARTICLE VII 
Establishment of Constitution 



8i 



84 



85 



The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 

[Constitution ratified by States, 1787-1790.] 



AMENDMENTS 

ARTICLE I 

Freedom of Religion, of Speech, and of the Press : 
Right of Petition 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridg- 
ing the freedom of speech or of the press ; or the right of the 
people peaceably to assemble, and to petition the government 

for a redress of grievances. 

[Adopted 1791.] 

ARTICLE II 

Right to Keep Arms 

A well-regulated militia being necessary to the security of 

a free State, the right of the people to keep and bear arms 

shall not be infringed. 

[Adopted 1791.] 



86 



87 



88 



ORIGIN AND NATURE 121 

ARTICLE III 

Quartering of Soldiers in Private Houses 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor in a time of 
war, but in a manner to be prescribed by law. 

[Adopted 1791.] 

ARTICLE IV 

Search Warrants 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrant shall 
issue but jipon probable cause, supported by oath or affir- 
mation, and particularly describing the [dace to be searched 

and the person or things to be seized. 

[Adopted 1791. J 

ARTICLE V 

Criminal Proceedings 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia when in actual service, in time of war or pub- 
lie danger : nor shall any person be subject, for the same of- 
fence, to be twice put in jeopardy of life or limb, nor shall be 
compelled, in any criminal case, to be a witness against him- 
self ; nor be deprived of life, liberty, or property without due 
process of law ; nor shall private property be taken for public 
use without just compensation. 

[Adopted 1791.] 



122 NATIONAL GOVERNMENT 



ARTICLE VI 
Criminal Proceedings 



89 



90 



91 



92 



In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of the 
State and district wherein the crime shall have been com- 
mitted, which district shall have been previously ascertained 
by law, and to be informed of the nature and cause of the 
accusation ; to be confronted with the witnesses against him ; 
to have compulsory process for obtaining witnesses in his 
favor ; and to have, the assistance of counsel for his defence. 

[Adopted 1791.] 

ARTICLE VII 

Jury Trial in Civil Cases 

In suits at common law, where the value in controversy 

shall exceed twenty dollars, the right of trial by jury shall 

be preserved, and no fact tried by a jury shall be otherwise 

re-examined in any court of the United States than according 

to the rules of the common law. 

[Adopted 1791.] 

ARTICLE VIII 

Excessive Punishments 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

[Adopted 1791.] 

ARTICLE IX 

Rights of People not named 

The enumeration in the Constitution of certain rights 

shall not be construed to deny or disparage others retained 

by the people. 

[Adopted 1791.] 



93 



94 



95 



OHIO IX AND NATURE [23 

ARTICLE X 

Powers reserved to States 

The powers not delegated to the United States, by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 

[Adopted 1791.] 

ARTICLE XI 

Suits against States 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens 
of another State, or by citizens or subjects of any foreign 
State. 

[Adopted 1798.] 

ARTICLE XII 

Election of President and Vice-President 

1. The Electors shall meet in their respective States and 
vote by ballot for President and Vice-President, one of 
whom at least shall not be an inhabitant of the same State 
with themselves ; they shall name in their ballots the per- 
son voted for as President, and in distinct ballots the 
person voted for as Vice-President, and they shall make 
distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, and 
transmit, sealed, to the seat of the government of the United 
States, directed to the President of the Senate ; — the Presi- 
dent of the Senate shall, in the presence of the Semite and 
House of Representatives, open all the certificates, and the 



124 



NA TIONAL O VERNMENT 



96 



97 



^tfTt 



votes shall then be counted; — the person having the great- 
est number of votes for President shall be the President, 
if such number be a majority of the whole number of Elec- 
tors appointed ; and if no person have such majority, then, 
from the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House 
of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall 
be taken by States, the Representatives from each State 
having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then 
the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the 
President. 

2. The person having the greatest number of votes as 
Vice-President shall be the Vice-President, if such number 
be a majority of the whole number of Electors appointed ; 
and if no person have a majority, then, from the two 
highest numbers on the list, the Senate shall choose the 
Vice-President ; a quorum for the purpose shall consist 
of two thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a 
choice. 

3. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 

[Adopted 1804.] 



ORIGIN AND NATURE 



125 



98 



9!) 



100 



ARTICLE XIII 

Slavery 

Section 1. Abolition of Slavery 

Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime, whereof the party shall have been duly 
convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Power of Congress 

Congress shall have power to enforce this article by appro- 
priate legislation. 

[Adopted 1865.] 

ARTICLE XIV 

Civil Rights : Apportionment of Representatives : 
Political Disabilities : Public Debt 

Section 1. Civil Rights 

All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property without 
due process of law, nor deny to any person within its juris- 
diction the equal protection of the laws. 



Section 2. Apportionment of Representatives 

Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 



126 NATIONAL GOVERNMENT 

whole number of persons in each State., excluding Indians 
not taxed. But when the right to vote at any election for 
the choice of Electors for President and Vice-President of 
the United States, Representatives in Congress, the execu- 
tive and judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 



101 



102 



Section 3. Political Disabilities 

No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath, as a 
member of Congress, or as an officer of the United States, or 
as a member of any State Legislature, or as an executive or 
judicial officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, iby a vote of two-thirds 
of each House, remove such disability. 



Section 4. Public Debt 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of 
pensions and bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But neither the United 
States nor any State shall assume or pay any debt or obliga- 



103 



ORIGIN AND NATURE 127 

tion incurred in aid of insurrection or rebellion against the 
United States, or any claim for loss or emancipation of any 
slave ; but all such debts, obligations, and claims shall be 
hold illegal and void. 

Section 5. Power of Congress 

The Congress shall have power to enforce, by appropriate 

legislation, the provisions of this article. 

[Adopted 1868.] 

ARTICLE XV 

Right of Suffrage 

Section 1. Right of Negro to Vote 

The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, 
on account of race, color, or previous condition of servitude. 

Section 2. Power of Congress 

The Congress shall have power to enforce this article by 

appropriate legislation. 

[Adopted 1870.] 



SUBJECT ANALYSIS 



1. Constitution 



1 



bul 



I. Legislative Department ; [Art. I.] 

1. Its Composition ; 

t 1. Division into Two Houses. [Sec. 1.] 
-] 2. House of Representatives. [Sec. 2.] 
( 3. Senate. [Sec. 3.] 

II. Legislative Regulations ; 

1. Elections and Meetings. [Sec. 4.] 

2. Powers and Duties. [Sec. 5.] 
(Except law-making powers.) 

3. Privileges of and Prohibitions upon Members. 
[Sec. 6.] 

III. President's Veto Power. [Sec. 7.] 

IV. Legislative Powers of Congress. 
[Sec. 8.] 

Prohibitions upon the United States. 

[Sec. 9.] 
Prohibitions upon the States.* 

[Sec. 10.] 

II. Executive Department— President and 

Vice-President ; [Art. II.] 
f 1. (1) Term, (2) Election, (3) Qualifications, (4) Salary, 
(5) Oath. [Sec. 1.] 

2. President's Executive Powers. [Sees. 2 and 3.] 
[ 3. Subject to Impeachment. [Sec. 4.] 

III. Judicial Department; [Art. III.] 

1. (1) Courts, (2) Term of Office, (3) Salary. [Sec. 1.] 

2. Jurisdiction. [Sec. 2.] 

3. Treason. [Sec. 3.] 

This logically does not belong to the division "The National Government,'" 
to "Miscellaneous Provisions," but it is thought best to retain the order of the 



Y. 
VI. 



SUBJECT ANALYSIS 129 

I. Relations of States ; [Art. IV.] 

1. Records of one State in another. [Sec. 1.] 

2. Rights in one State of Citizens of another. [Sec. 2.] 

3. (1) New States, (2) U. S. Territory. [Sec. 3.] 

4. Protection of States by Nation. [Sec. 4.] 



II. Amendment. [Art. V.] 

III. (1) National, Debt; (2) National, Su- 
premacy ; (3) Oath. [Art. VI.] 

IV. Establishment of Constitution. 

[Art. VII.] 

II. Amendments 

1. Arts. I. -VIII. Prohibitions on Congress as to Personal Rights. 

2. Arts. IX. and X. Rights not named in Constitution. 

3. Art. XI. Judicial Jurisdiction. 

4. Art. XII. Election of President and Vice-President. 

5. Art. XIII. Abolition of Slavery. 

6. Art. XIV. (1) Equal Civil Rights, (2) Apportionment of Repre- 

sentatives, (3) Political Disabilities, (4) Public 
Debt. 

7. Art. XV. Right of Suffrage. 

Constitution itself. There are some other cases where the true logical order is not 
followed in the Constitution. The provisions regarding the choosing of officers and 
impeachment in sections 2 and 3 of Article I. would more properly come in section 
5, as they relate to certain powers of the Houses. That regarding revenue hills in 
section 7 would properly fall in the following section, as it relates to the law-making 
powers of Congress. 

9 



130 NATIONAL GOVERNMENT 



SECTION II.— LEGISLATIVE DEPARTMENT 
CHAPTER XXV 

HOUSE OF REPRESENTATIVES 

1. Preamble — -The preamble is an important part of 
the Constitution. The object of the Constitution was 
to remedy the defects existing under the Confedera- 
tion, and some of the clauses of the preamble refer to 
those defects (1). * We have seen that the Union then 
was a very imperfect one. Instead of there being 
" domestic tranquillity," the States were continually 
quarrelling. It was impossible to " provide for the 
common defence " of the country against foreign ene- 
mies, or to " promote the general welfare " by broad 
measures, unless there were a strong central govern- 
ment. Had the Constitution not been adopted and 
had the States remained independent, it is not proba- 
ble that the country would have had the unexampled 
prosperity that it has. 

2. Congress — This is the name of the national legis- 
lative body, and like the State legislatures it is divided 
into two Houses, called the Senate and House of 
Representatives (2). The former represents the States, 
and the latter the people. The members of the 
House, f called Representatives, are elected by the 
people of the States every second year (3). Members 

* These numbers refer to the paragraphs of the Constitution. The 
pupil should turn back to it at each reference. 

t The House of Representatives is frequently called simply the 
''House" when spoken of in connection with the Senate. 



LEGISLATIVE DEPARTMENT 131 

of the Congress under the Confederation were ap- 
pointed by the State legislatures, and for one year. 

3. Electors — There was much discussion and differ- 
ence of opinion in the Convention as to what should 
be the qualifications of the voters who should elect the 
Kepresentatives. The qualifications of electors were 
various in the different States. In some of them 
owners of property, or tax-payers, in others freehold- 
ers * only, were voters. In some, only the latter voted 
for the higher officers ; in a few, suffrage was almost 
universal. Finally, as a compromise, it was decided 
that the qualifications should be the same in each 
State as those requisite for electors of its lower house, 
as it was presumed no State would object to such a 
rule (3). 

4. Qualifications — A Representative must be 
twenty-five years of age, must have been a citizen 
seven years, and must live in the State from which he 
is chosen (4). The reasons for this will be readily 
understood. If voters must have certain qualifica- 
tions, surely those who make laws for them should 
have higher ones. (See Chap. V.) 

5. Number — The Constitution does not limit the 
House to any definite number of Representatives ; it 
only declares that the number shall not exceed one for 
every 30,000 inhabitants. Otherwise it might become 
too large. It requires an enumeration of the inhab- 
itants every ten years ; and the next Congress there- 
after determines the ratio of representation f and the 

* A freeholder is one owning land, either absolutely or during his 
own or another's life. 

f The word ratio signifies rate, or proportion. It here means the 
number or portion of the inhabitants entitled to a Representative. 



132 NATIONAL GOVERNMENT 

number of Representatives, and apportions them among 
the States (5). 

6. Present Number — The first House of Repre- 
sentatives consisted of sixty-five members, and the 
ratio was about one to every 50,000 inhabitants. 
Since then, as the population has increased, Congress 
has increased the ratio, in order that the House might 
not grow too large to transact business ; but in spite of 
that the House has grown, until now (1894) it consists 
of three hundred and fifty-six members, being about 
one for every 173,900. 

7. Every State Represented — But it may happen 
(and has happened) that some States have not a popu- 
lation equal to the ratio. In view of this the Constitu- 
tion provides that no State shall lose its representation 
in the House, by declaring that each State shall have 
at least one Representative (5). 

8. Apportionment — With regard to how many Rep- 
resentatives the different States should have, the Con- 
vention found it difficult to agree. In the Congress 
under the Confederation, it will be remembered, the 
States were entitled to an equal number of delegates, 
and each State had one vote. But now it was pro- 
posed to apportion the Representatives according to 
population. On this point there were two causes of 
contention. First : The small States opposed it, be- 
cause it gave them fewer Representatives, and there- 
fore less power in Congress. The large States insisted 
on it, saying that they ought to have greater power 
because they had greater interests. Finally the small 
States yielded with regard to the House of Representa- 
tives. Second : The slaveholcling (Southern) States 
claimed that, in reckoning the population for the pur- 



LEGISLATIVE DEPARTMENT 133 

pose of apportioning Representatives, slaves should 
be included ; the non-slaveholding (Northern) States * 
insisted that only free persons should be included, as 
the slaves could not vote themselves, and it was unjust 
to give the free persons extra votes simply because 
they owned certain property — that being what slaves 
were considered. The controversy on this point rose 
so high, and the parties were for a long time so 
unyielding, that fears were entertained of a sudden 
dissolution of the Convention. 

9. Result — The result was a compromise. The 
Northern States finally consented that three-fifths of 
the slaves [the words " all other persons " in section 2 
(5) mean slaves] should be counted, and the Southern 
States consented that direct taxes should be laid on 
the same basis ; so that the Southern States would 
have the larger share of Eepresentatives, but would 
pay the larger share of direct taxes.f But, as it 
resulted, the advantage, contrary to anticipation, was 
almost wholly on the side of the Southern States, for 
very few direct taxes were laid before the late Civil 
War, and thus they obtained the increased represen- 

■ * Slavery then existed in all the States except Massachusetts ; but 
as there were very few slaves in the Northern States, they are gener- 
ally spoken of as if they were at that time non-slaveholding States. 

f To illustrate this rule by an example : Suppose a State contained 
600,000 free persons and 500,000 slaves. Adding three-fifths of the 
number of slaves (300,000) to the number of free persons gives 
900,000 as the number of the representative population : and the 
State would have been entitled to three Representatives for every 
two that a State which contained 600,000 free inhabitants and no 
slaves would have. So in apportioning taxes according to popula- 
tion, the State in the case we have supposed would have been obliged 
to raise three dollars for every two that it would have been obliged 
to raise if no slaves had been counted. 



134 NATIONAL GOVERNMENT 

tation without the corresponding increase in taxa- 
tion. 

10. Present Rule — The state of things described in 
the last section with regard to apportionment existed 
up to the Civil War. The 13th, 14th, and 15th Amend- 
ments changed the system. ISTow Eepresentatives are 
apportioned in proportion to the total population, 
whether white or black (100).* 

11. Territories — By an act of Congress, every Ter- 
ritory in which a government has been established is 
entitled to send a delegate to Congress, who has a 
right to take part in the debates of the House, but not 
the right of voting there. 



CHAPTER XXVI 

SENATE 

1. Reasons for Two Houses — In this country and 
in England it is thought best that the legislative body 
should consist of two houses. If there were only one 
house it might pass some very harmful or unjust 
laws, either through undue haste, ignorance, popular 
excitement, or the undue influence of popular but mis- 
taken leaders. But if there were another house, it 
would be improbable that the very same influences 
should exist in both, and thus one house would correct 
the hasty legislation of the other. And if one house 
were of a higher grade than the other, composed of 
wiser men, it is seen that its restrictive influence 
would be of the greater value. 

* The number of Indians not taxed is so small that it need not be 
considered. 



LEGISLATIVE DEPARTMENT 135 

2. Character of Senate — For these reasons the Con- 
stitution has established the Senate, and has made it a 
body of greater dignity than the House of Representa- 
tives. The causes which make the Senate the more 
select body are four in number : (1) It has fewer mem- 
bers ; (2) they are elected by the State legislatures 
instead of by the people ; (3) the term of office is 
longer ; and (4) the qualifications are higher. 

3. State Equality — In the Senate the States are 
equal in power, each having two members (8). The 
Convention readily agreed upon dividing Congress 
into two branches ; but, as has been observed, it was 
difficult to settle the mode of representation. The 
delegates from the large States insisted upon a repre- 
sentation in proportion to population, in the Senate as 
well as in the House ; and the small States contended 
for equality in both branches. The debate was long 
and animated ; and it became apparent that, as in the 
case of slave representation in the House, there must 
be a compromise. This was at length effected; the 
small States consenting to a proportional representa- 
tion in the House, and the large States to an equal 
representation in the Senate.* Thus while the House 
represents the people, the Senate represents the States, 
and this is one instance in which the federation prin- 
ciple is retained. (See page 103, sec. 7.) 

4. Voting- — In the Congress under the Confedera- 
tion the voting was by States, but the Senate differs 

* It will be noticed that in the Convention which framed the Con- 
stitution there were many opposing interests, and that compromises 
were frequently necessary, each State giving up something. It was 
a spirit of patriotism which caused this, as well as the instinct of 
self-preservation, for without compromise no permanent union could 
have been formed, saving the rights of all. 



136 NATIONAL GOVERNMENT 

in that respect. There the Senators vote separately, 
the vote of each Senator counting one, as in the 
House ; and a question is decided by the united votes 
of a majority of the members, and not by the vote of 
a majority of the States (8). 

5. Term — The period of six years was also the 
result of a compromise in the Convention (8). The 
terms proposed varied from three to nine years, or 
even longer. One object in making it longer than a 
Representative's term was to obtain a body of men 
wiser and more experienced than the House would 
contain. Where a man is to be elected for a long 
term, greater care will be used in selecting him. A 
second object was to obtain independence of popular 
impulses. The Representatives were to reflect the 
will of the people, and so it was provided that they 
might be often changed : but the Senators were to 
serve as a check upon hasty action by the people's 
representatives, and for this purpose they must feel 
independent of the people to a certain degree. A 
long term tends to give this independence. A third 
object was to check frequent changes in the laws. 
The oftener a legislature is changed the more change- 
able and uncertain will be the laws ; and uncertainty 
and change often do more injury than evil laws. 

6. Gradual Change — Senators are not all elected at 
the same time. One-third go out of office every two 
years (9). In favor of this arrangement are two im- 
portant considerations. First : It secures to the public 
at all times the benefit of the experience of at least 
two-thirds of the body. Whereas, if the terms of all 
the Senators expired at once, their places might be 
supplied mainly by new members without the requi- 



LEGISLATIVE DEPARTMENT 137 

site knowledge and experience. Second : While a long 
term is intended to guard against the too frequent 
changes in the laws, it may also prevent, for too long 
a time, the amendment or the repeal of bad laws. 
Such amendment or repeal may be hastened by the 
election of new members in the place of the one-third 
who retire every two years. 

7. Qualifications — Why these are higher than in the 
case of Representatives has been explained (see sec. 2). 
An additional reason for requiring them to have been 
citizens of the United States nine years is found in the 
fact that, with the President, they make treaties with 
foreign nations (62). A Senator should therefore have 
lived here long; enough to have become free from bias 
in favor of his native country. 

CHAPTER XXVII 

GENERAL LEGISLATIVE REGULATIONS* 

1. Choice of Officers — It is considered important in 
legislative bodies that each house should have the 
choice of its own officers, in order that it may have 
proper control of them. A Speaker not responsible 
to the House of Representatives (e.g., if appointed by 
the President) might baffle the will of the entire 
House. One exception to this rule is that the Yice- 
President presides in the Senate. The States follow 
this by having the Lieutenant-Governor preside in the 
State Senate (7, 12). 

* Most of the provisions contained in sections 4, 5, 6, and 7 of 
Article I. will be easily understood, and many of them are similar to 
provisions in the State constitutions. We will speak only of a few 
which require some explanation. 



138 NATIONAL GOVERNMENT 

2. Impeachment — Impeachment and its trial have 
been described before (see page 82). As in the State 
legislatures, so in Congress, the lower House impeaches 
and the upper House tries. The officers subject to 
impeachment by the national House of Eepresenta- 
tives are the President, Yice-President, and all civil 
officers of the United States (not of any State) (65). 
This means all members of the civil (i.e., not military), 
executive, and judicial departments of the nation. 
Thus neither members of Congress nor of the army 
or navy can be removed in this way. In practice only 
officials of the highest rank are ever impeached. 

3. Meetings of Congress — Congress meets every 
year, in December (16). But as every second year 
the entire House of Eepresentatives and one-third of 
the Senate are elected anew, the two sessions follow- 
ing an election are classed together and called " A 
Congress." The meeting of Congress in December, 
1893, was the first session of the 53d Congress. 

4. Rules — Like State legislatures, each House of 
Congress has its rules, which in most cases are strictly 
followed. A bill is introduced, referred to its appro- 
priate committee, reported by the committee, read, 
debated, and passed (or rejected), in substantially the 
same manner as in State legislatures (see page 44). 
But at any time either House may set aside all its 
rules, and pass laws in any manner it sees fit, provided 
no provision of the Constitution is violated. 

5. Salary — In the Convention there was much dis- 
cussion as to whether it would be wise to allow salaries 
to members of Congress. On the one hand it was 
said salaries would tempt unworthy men to intrigue 
for an election ; on the other hand, the worthiest men 



LEGISLATIVE DEPARTMENT 139 

might be shut out through poverty if no compensation 
were allowed. It was decided to allow compensation. 
The amount is fixed by Congress itself (21). 

6. Arrest of Members— Members of Congress 
(except in certain cases) cannot be arrested when 
Congress is in session (21). This is in order that the 
people who elect them may not be deprived of their 
services. 

7. Liberty of Speech — The clause which says that 
a member " shall not be questioned in any other 
place" for any speech, means that he shall not be 
sued, either civilly or criminally, for anything he says 
in debate (21). This is in order that members may 
feel the fullest freedom and independence. 

8. Revenue Bills — These are bills for raising money 
for the government, either by direct or indirect taxa- 
tion. All other laws may originate in either House, 
but these must be passed by the House of Representa- 
tives first (23). The reason for this is that since the 
people pay the taxes, it is appropriate that the Repre- 
sentatives elected directly by them should propose all 
such laws. 

9. Veto — But a bill having passed both Houses is 
not yet a law. It must be presented to the President, 
who is thus a part of the legislative department. 
There are three ways in which a bill, after having 
passed both Houses, may become a law : (1) it may be 
signed by the President ; (2) he may neglect to sign it 
for ten days ; and (3) he may return it to Congress 
within ten days, and each House may pass it a second 
time by a two-thirds vote (24, 25). 



14:0 NATIONAL GOVERNMENT 

CHAPTEK XXVIII 

POWERS OF TAXATION 

1. Nature of the National Government — Before 
treating of the several legislative powers we will first 
speak of a certain characteristic of the General Govern- 
ment in which it differs from the States, and which must 
be always kept in mind when considering its law-mak- 
ing powers. The United States Government is a gov- 
ernment of delegated powers '; that is, powers which have 
been delegated to it by the States, or the people of the 
States. It has only such powers as the People have 
given it, in the Constitution. Hence it is called a gov- 
ernment of limited powers. The States, on the other 
hand, existing before the General Government, and 
possessing entire sovereignty, at least in theory, may 
exercise all powers which they have not surrendered 
to the General Government. In other words, their 
powers are unlimited, except so far as they have parted 
with any of their original powers. Therefore, when 
the question arises whether the President or Congress 
have certain powers, we look in the Constitution, and 
if they are not there granted, they do not exist. But 
when the question arises, with regard to a State, 
whether its people have a certain power, we approach 
it from the other side and say they have the power 
unless the United States Constitution has received it. 
Most of the legislative powers of Congress are enu- 
merated in Article L, section 8. The first one grants 
the power to tax (26). 

2. Necessity for the Taxing Power — This is one of 



LEGISLATIVE DEPARTMENT 141 

the most important powers of government. A gov- 
ernment without the power to raise money hardly 
deserves the name. Without money it would have no 
power to enforce obedience to its laws, for it could not 
pay soldiers or civil officers, and men will not serve 
without pay. We have seen how the Confederation 
tried the experiment and failed.* This was one of its 
errors, corrected in the Constitution. 

3. Manner of Taxation — Taxes f may be laid by 
the General Government in three ways : (1) upon per- 
sons directly, as poll or property taxes ; (2) upon 
goods when they are imported into the country from 
abroad ; or (3) upon goods when they are manufactured 
and used here. This clause (26) would also grant the 
power to lay export duties — that is, duties to be paid 

* See page 98. 

f The four words, taxes, duties, imposts, and excises, are not used 
to mean four different things, but only to cover all the usual methods 
of taxation. These words have not fixed meanings. Some of them 
have different meanings in different connections. At times some 
have the same meaning as others. Their most usual meanings when 
used in connection with one another are perhaps these : taxes, direct 
taxes laid on individuals, either as poll taxes, or taxes in proportion to 
property (see Chap. XV. for distinction between direct and indirect 
taxes) ; duties, indirect taxes of all kinds, including taxes on exports, 
imports, and excises ; imposts, duties on imports ; excises, duties 
on goods manufactured and used here. Another word, cudoms, 
usually means duties on imports and exports, but in this country, 
since there are no export duties, it usually means the same as imposts. 

Duties are specific and ad valorem. A specific duty is a specified 
sum of money charged upon every yard, pound, or gallon of any 
commodity. Thus, a duty of ten cents on a pound of tea, or of one 
dollar on a yard of cloth, or of fifty cents on a gallon of wine, is a 
specific duty. Ad valorem is a Latin phrase, signifying according to 
the value. An ad valorem duty is a certain percentage on the value 
or price. 



142 NATIONAL GOVERNMENT 

on goods when sent from this to foreign countries — 
did not a later provision forbid it (48). 

4. Objects — The objects for which taxes may be laid 
are also enumerated in the same clause (26). Since it 
is the theory of the Constitution that Congress shall 
have power over only those matters which affect the 
whole country, leaving all local matters to the States, 
so no tax can be laid except for some purpose of inter- 
est to all the people of the Nation. But the phrase 
" general welfare " is very broad. 

5. Uniformity — The Constitution is careful to pro- 
vide that no State shall pay more than its just share of 
taxes. There are several provisions regulating this. 
First, direct taxes must be laid in proportion to popu- 
lation (5) ; second, all indirect taxes which may be laid 
(i.e., imposts and excises) must be uniform throughout 
the country (26) ; third, no export duties can be laid 
(48). The reasons for the last provision are that a 
tariff * of export duties which would bear equally on 
the States would be very difficult to make, since they 
do not export the same articles, some exporting cot- 
ton, others grain, and others manufactures, and that it 
would constitute a constant cause of irritation between 
the States. For instance, the Representatives of the 
cotton and grain States might combine and pass a law 
laying very low duties on cotton and grain and high 
ones on manufactures. 

6. Taxes which have been laid — Up to the late 
Civil War very few direct taxes had been laid by the 
National Government. They were then laid for a few 
years, but now (1894) there are none. Some excise 
duties have been and are now laid, chiefly on liquors 

* A tariff means a list of duties laid. 



LEGISLATIVE DEPART3IENT 143 

and tobacco, articles that are not necessary to the 
people, but are luxuries. During the Civil War the 
excise duties collected were about equal to the cus- 
toms. But from the beginning very many duties on 
imports have been laid, and it is from this source that 
most of the revenue has been raised. 

7. Power to Borrow Money — This is given to Con- 
gress for the reasons already described, which justify 
State debts (page 74, sec. 7) (27). This power was 
exercised during the war until the national debt 
nearly reached the sum of $3,000,000,000. Without 
this power the government Avould have been almost 
helpless, for its regular income would have been 
wholly inadequate. 



CHAPTER XXIX 

POWER TO REGULATE COMMERCE (28) 

1. Why given to Congress — This was for two rea- 
sons : (1) because it Avas a matter of general and univer- 
sal interest, and (2) because of the benefits that would 
flow from uniformity. The need of no power was more 
deeply felt under the Confederation than the power to 
regulate foreign trade. We thus see that the power to 
lay duties comes from two clauses. One (26) gives 
Congress the power, but only for purposes of revenue. 
If none should be needed for that purpose, or if the 
duties laid for revenue were not sufficient to regulate 
commerce, they might be laid under the other clause 
(28) to any amount. 

2. Nature of Regulation — This regulation is of two 
kinds : (1) the laying of duties on goods imported from 



144 NATIONAL GOVERNMENT 

abroad, for the purpose of protecting the commercial 
interests of this country ; and (2) making regulations 
which shall tend to render navigation less dangerous. 
The manner and object of regulating commerce by 
means of import duties will be seen if we consider 
the trade of England and America as it was after the 
Revolution. 

3. Retaliatory Duties — England pursued the policy, 
for her own benefit, of laying heavy duties on mer- 
chandise imported there from this country. That 
injured us, and so, in order to compel her to abandon 
the policy, we wished to lay duties on articles sent here 
by the English merchants.* Under the Confederation 
this was attempted, but as each State could lay what 
duties it chose, there was no uniformity, and each 
would try to secure the trade by laying lower duties 
than the rest. So the Constitution gave Congress 
exclusive authority over the whole subject, and retali- 
atory duties were laid. 

4. Protection — Another way in which it was 

* The effect of these duties may not be quite clear : Suppose the 
market value of a bushel of wheat in Great Britain to be $1, and the 
cost of raising the article here and carrying it there to be (together) 
$1. We can then raise it here and sell it there along with the Eng- 
lish producer. If now a duty of 40 cents a bushel is laid upon wheat 
from abroad, we cannot sell it for less than $1.40, and the English 
consumer, instead of buying it with this duty added, will buy of the 
English producer. But, the people of this country being then chiefly 
agricultural, more wheat was produced here than there was a market 
for, and the American farmer was dependent on the foreign markets. 
Being shut out of the English market, the value of our products fell, 
and we suffered loss. It was thought then that if we retaliated and 
laid duties on manufactured articles (of which England sent us a 
great number), and so shut them out, she would be influenced to 
abandon her duties. 



LEGISLATIVE DEPARTMENT 145 

thought duties on imports would protect the commer- 
cial interests of the country was in encouraging and 
protecting the manufacturing interests.* This theory 
is called protection, and is the policy which the country 
has followed. High protective duties have been laid 
almost from the beginning, on articles manufactured 
from cotton, wool, and iron. 

5. Free Trade — But it is believed by many that 
protection is a mistaken policy, at least in this country 
at present, and that while it encourages manufactures 
it injures some other interests. The opposing policy is 
called free trade. Its supporters urge that if the yard 
of cloth can be brought here and sold for less than it 
can be made here, the people who pay for it lose by 
shutting it out, and the few manufacturers are the only 
ones who gain.f The British Government now acts 
on the policy of free trade. 

6. Collection of Duties — Certain places on the 
coast are designated by the laws of Congress, called 

* Suppose foreign cloth of a certain quality is sold in this country 
for $2.50 a yard, and cloth of the same quality manufactured here 
cannot be made for less than $3 a yard. There would now be no 
encouragement to any one to engage in the manufacture of such 
cloth, because, in order to sell it, he must reduce the price to that of 
the foreign article, which would subject him to a loss of 50 cents a 
yard. Let now a duty of $1 a yard be laid upon the foreign cloth, 
and the price would be $3.50, and preference would be given to the 
domestic article, unless the importer should reduce the price of his 
foreign cloth to $3 ; in which case, it is to be presumed, about an 
equal quantity of each would be consumed, and the duty of $1 a 
yard on the foreign cloth would go into the United States Treasury. 

f The question of free trade or protection belongs to the science of 
Political Economy ; and it is therefore necessary in a work of this 
character only to refer to the matter and not attempt to give the 
arguments used in support of either policy. 
10 



146 NATIONAL GOVERNMENT 

ports of entry, and a vessel must first come to one of 
these, where the master delivers a statement of the 
cargo to an officer, appointed by the President, called 
a collector of customs. The cargo is then examined, 
and the duties calculated and paid to the collector. If 
not paid the collector seizes the goods, which are for- 
feited to the government. 

7. Registry — Another regulation of commerce is 
that by which a vessel built and owned in this country 
may be registered on the collector's books as an Amer- 
ican vessel. As such it has certain privileges which 
foreign vessels do not have. A foreign vessel is not 
allowed to engage in the coast trade here. An Amer- 
ican vessel, registered, is in all places entitled to the 
full protection of our government, and if it is taken 
or injured by foreigners in foreign waters, the United 
States Government must demand reparation from the 
government to which they belong. 

8. Clearance and Entry — Every time a vessel (for- 
eign or domestic) leaves a port, what is called a clear- 
ance must be obtained. This is a certificate by the 
collector that all the fees upon the vessel have been 
paid, and the law been complied with in all respects. 
So when a vessel arrives at a port, the master must 
report its arrival to the collector of the port, deliver 
up a statement of its cargo and the clearance he re- 
ceived at the port from which he came. This is called 
entering the vessel.* 

9. Navigation Laws — Coming now to the second 
class of regulations of commerce, Congress has passed 
many laws to render navigation less dangerous. The 

*In the coasting trade between ports of the United States, clear- 
ance and entry are not required, in general. 



LEGISLATIVE DEPARTMENT 147 

following are some of the subjects : providing for 
light-houses, buoys, signal stations, and life-saving sta- 
tions along the coast; improving harbors; requiring 
vessels to take licensed pilots when near the coast; 
prescribing how many passengers and what provisions 
shall be carried ; quarantine ; * and many similar ones. 
10. Commerce with Indians — In granting to Con- 
gress the power to regulate commerce f " with the 
Indian tribes," it was intended to lessen the dangers 
of war. Murders and war had been provoked by the 
improper conduct of some of the States. It was be- 
lieved that by a uniform policy difficulties would be 
more likely to be prevented. This was more impor- 
tant then than now, when the number of Indians has 
become so insignificant. 



CHAPTER XXX 

OTHER POWERS RELATING TO PEACE 

1. Citizens and Aliens — The general distinction 
between them is this : citizens are those born in this 
country ; % aliens are those born in a foreign country, 
whether living here or in the foreign country. Both 

* This means a period of time for which vessels are detained before 
entering a port, so that they may be examined to see if there is any 
malignant disease on board. Quarantines are required by the health 
laws of the States ; and by the laws of Congress vessels are to be 
subject to the health laws of the State at whose ports they arrive. 

\ Commerce, in a broad sense, as used in this clause of the Consti- 
tution, means not only trade by sea and land, but all intercourse. 

\ Prior to the Civil War white people alone were citizens in the 
Southern States, but now under the 14th Amendment white and 
black stand on the same basis (99). 

Children take the citizenship of their parents. 



148 NATIONAL GOVERNMENT 

include men, women, and children. But after living 
here a certain time an alien may become a citizen. 
Aliens have not all the rights of citizens. They can- 
not vote (see page 27).* In many States they have 
not full power to own real estate. In general, they 
are considered subjects of the nation from which they 
come, and not of this. 

2. Naturalization — But to deny foreigners the 
rights of citizens after they shall have acquired a fixed 
residence here, and a knowledge of their civil and politi- 
cal duties, would be illiberal and unjust. The process 
by which an alien may become a citizen is called nat- 
uralization. Congress has the power to make a uni- 
form rule (29). The reason for this is that if it were 
left to the States, a person having become naturalized 
in one State might, on removing into another, be de- 
prived of the rights of citizenship until he should have 
been naturalized by the laws of such State. Besides, 
by the Constitution a citizen of any State is entitled 
to the privileges of a citizen in any other State (73). 
Now, after a person is once naturalized, he is a citizen 
of the United States and also of the State in which he 
resides at the time (99). By removing to another he 
becomes a citizen of that. 

3. When Allowed — The laws of Congress prescribe 
that an alien may be naturalized after living in this 
country five years. The first step is to declare on 

* Naturalization and the right to vote are two separate matters, 
which must not be confused. Not all of those who are naturalized 
are given the right to vote {e.g., women and children). Although 
most States do give foreigners the right to vote, when naturalized, 
still they need not ; and some States even allow some aliens to vote. 
The State regulates voting, the United States naturalization. 



LEGISLATIVE DEPARTMENT 14Q 

oath before a court that it is his intention to become a 
citizen. This declaration he may make as soon as he 
arrives, or at any time. After the declaration he must 
wait two years. After that, the court, if satisfied that 
he has resided five years in the United States, and one 
year in the State in which the court is held, may admit 
him as a citizen. He then, before the court, renounces 
his allegiance to his old country, and swears to support 
the Constitution of the United States. But no alien 
can be compelled to become a citizen against his will. 
4. Bankrupt Laws — A bankrupt is an insolvent 
debtor ; that is, a person who is unable to pay all his 
just debts. A bankrupt law is a law which, upon an 
insolvent's giving up all his property to his creditors, 
discharges him from the payment of his debts. Such 
laws are designed for the benefit of honest and unfor- 
tunate debtors, who, by having the enjoyment of their 
future earnings secured to them, are encouraged to 
engage anew in industrial pursuits. The reason the 
power was given to Congress to pass such laws (29) 
was that if it were left to the States the object could 
not be accomplished. No State law could release a 
debtor from debts to a creditor living out of the State, 
nor from debts contracted in another State. The dis- 
similar and conflicting laws of the different States, and 
the entire want of them in others, had caused great 
inconvenience. Important as such laws were deemed, 
there is now (1894) no national law on the subject." 

* Three such laws have been passed by Congress. Two of them 
existed but a year or two. The third was passed in 1867 and lasted 
until 1878. The reason for this short duration was the general senti- 
ment that it allowed many dishonest debtors to procure a release from 
their debts. 



150 NATIONAL GOVERNMENT 

5. Coinage — The coinage of the money is in every 
country a prerogative of the government. Congress 
has several powers with regard to coinage (30). No 
State can coin money (51). The object here, also, was 
to make uniformity throughout the country. Exercis- 
ing these powers Congress has passed laws by which 
we have a uniform currency throughout the Nation, 
and the convenient decimal system of dollars and 
cents, instead of the awkward system of pounds, shil- 
lings, and pence which existed before the Constitu- 
tion. The value of coin has been regulated in different 
ways : such as, by deciding how much metal (gold or 
silver) shall be put in a given coin, or what domestic 
coins foreign coins shall be equal to. The place where 
money * is coined is called a mint. There are several 
in the country, the principal one being at Philadelphia. 

6. Weights and Measures — For the convenience of 
trade between the States, the weights and measures, 
like the coinage, should be the same in all the States. 
Without such uniformity commerce among the States 
would meet with very great embarrassment. Yet Con- 
gress has never exercised the power given it on this 
subject (30). The States still have the power to adopt 
their own standarcl.f 

* It must be remembered that coin is not the only money in the 
country. We have now in use United States notes, national-bank 
notes, gold and silver certificates, etc. Only coin and the United 
States notes are legal tender — i.e., if a man wishes to pay a debt he 
must pay with one of those two, if the creditor insists upon it. 

f The weights and measures used throughout the States are, how- 
ever, substantially the same. In 1836 the United States Govern- 
ment sent to each State a full set of weights and measures, as used 
in the Custom House, and these have been adopted by the States as 
their standards. 



LEGISLATIVE DEPARTMENT 151 

7. Post-Office — The power of Congress over the 
mail is one of the most important it has (32).* In 
every nation the government assumes charge of the 
Post-office. It is impossible to conceive all the diffi- 
culties which might attend the exercise of this power 
had it been left to the different States. A uniform 
system of regulations is indispensable to efficiency, 
and could be secured only by placing this power in 
the hands of Congress. 

8. Protection of Authors and Inventors — This 
Congress has power to effect by granting copyrights 
and patents (33). "Science and useful arts" are pro- 
moted by new books and new inventions. But if every 
man had the right to print and sell every book or 
writing, without compensation to the author, there 
would be little to encourage men of ability to spend, 
as is often done, years of labor in preparing new and 
useful works. Nor would men of genius be likely to 
spend their time and money in inventing and con- 
structing expensive machinery, if others had an equal 
right to make and sell the same. This power is given 
to Congress for the reason that if the States alone 
exercised it, no State could punish infringers beyond 
its own limits. In pursuance of the power here given, 
Congress has enacted the copyright and patent laws. 

9. Copyright — A copyright is the sole right to print 
and sell a book, map, etc. It is obtained by the 
author by following a few simple requirements, the 
chief one of which is the mailing of two copies as 
soon as it is published to the Librarian of Congress. 

* A post-road is a road over which the mail is carried. All rail- 
roads are by law made post-roads, and there are very many others 
besides. 



152 NATIONAL GOVERNMENT 

This secures to the author the sole right to print 
and sell his work anywhere in the United States for 
twenty-eight years, at the expiration of which time 
he may have his right continued for fourteen years 
longer. 

10. Patents — A patent is the sole right to make, 
use, or sell a new invention. It is obtained by the 
inventor from the government, but there is much 
more to be done than in the case of a copyright. 
The Commissioner of Patents superintends the grant- 
ing of patents. The Patent Office is a part of the 
Department of the Interior (see page 178). To secure 
his patent the inventor must send to the Commissioner 
of Patents a written description of his invention, with 
drawings and model, and specify the improvement 
which he claims as his own discovery. If the exam- 
iners do not find that the invention had been before 
discovered, a patent is issued therefor, on the payment 
of certain fees. This secures to the inventor the sole 
right to make, sell, or use his invention anywhere in 
the United States for seventeen years.* 

11. Courts — Under the power to establish inferior 
courts (34) Congress has established a system of courts 
which will be described later (see page 180). 

12. Piracy — Congress (and not the States) has power 
to define and punish crimes committed on the high 
seas (35). Piracy is commonly defined to be forcible 

* In the case of both copyrights and patents, the granting of 
them is not proof that the book or invention is new. If any one is 
sued for infringement {i.e., printing the book or using the invention 
without permission from the one holding the copyright or patent) he 
may claim that the book or the invention is not new, and if he 
proves it the court adjudges the copyright or patent to be void. 



LEGISLA Tl VE I) EPA R TMENT \ 53 

robbery or depredation upon the high seas. But the 
term felony was not exactly defined by law, conse- 
quently its meaning was not the same in all the States. 
It was sometimes applied to capital offences only ; at 
other times, to all crimes above misdemeanors. The 
power to define these offences is given to Congress for 
the sake of uniformity, and the power to punish 
them, because the States have no jurisdiction beyond 
their own limits. 

13. Offences against the Law of Nations — Nor 
were these clearly defined. The power to define and 
punish them is given to Congress (35), because our 
citizens are regarded by foreign nations as citizens of 
the United States and not as citizens of their respec- 
tive States ; and therefore the General Government 
alone is responsible to foreign nations for injuries 
committed on the high seas by our citizens. 

14. District of Columbia — In 1790 this became the 
seat of government. Over it, and over all the forts, 
arsenals, etc., belonging to the United States, Congress 
has exclusive authority * (42). This authority is 
necessary for the protection of the government. If 
the seat of government were within the jurisdiction 
of a State, Congress and other public officers would 
be dependent on the State authority for protection in 
the discharge of their duties, and the State might 
refuse them protection. f 

* So also with regard to all territory not included within any 
State (see page 190). 

f This actually happened to the Continental Congress. It was 
once, near the close of the Revolution, treated with insult and abuse 
while sitting at Philadelphia ; and the executive authority of Penn- 
sylvania having faded to afford protection, it adjourned to Prince- 
ton, in the State of New Jersey. 



154 NATIONAL GOVERNMENT 

15. Implied Powers — It is a general rule that 
where one is granted the power to do a thing, it 
implies that he shall have power to use all the neces- 
sary means to accomplish it. The last clause of sec- 
tion 8 (43) then was unnecessary, for the granting of 
the " foregoing powers " granted also the power " to 
make laws necessary and proper for carrying them 
into execution." * The reason the clause was added 
was to satisfy all possible doubt. Under this right of 
implied powers Congress has passed laws which it has 
been difficult to refer to their proper clauses in the 
Constitution, and which have occasioned much discus- 
sion ; such as laws establishing the national banks, 
incorporating railroads, purchasing foreign territoiy 
(such as Louisiana and Florida), and making the 
United States notes legal tender. In very many cases 
the laws passed under implied powers are wider in 
their scope and more important than those expressly 
authorized. 

16. Other Powers — In other parts of the Constitu- 
tion other legislative powers are given to Congress. 
They will be noticed in their order. 

* For example: The power "to regulate commerce" includes 
the power to cause the construction of breakwaters and light- 
houses, the removal of obstructions from navigable rivers, and the 
improvement of harbors ; for in regulating and facilitating com- 
merce these works and improvements are necessary. So the power 
" to establish post-offices" implies the power to punish persons for 
robbing the mail. 



LEGISLATIVE DEPARTMENT 155 

CHAPTER XXXI 

POWERS RELATING TO WAR 



1. Declaring- War — Congress alone has this right 
(36). It is very evident that a single State ought not 
to be allowed to make war. The power to declare it 
is justly given to the National Government, because 
the people of all the States become involved in its 
evils. In monarchical governments this important 
power is exercised by the king, or supreme ruler. But 
here it is entrusted, not to the President, but to the 
representatives of the people, because the people are 
they who have to bear the burdens of war. 

2. Letters of Marque and Reprisal — These are 
commissions issued by a government to private persons 
authorizing them to seize the property of a foreign 
nation or its subjects, as a reparation for some injury.* 
Congress has exclusive power to grant them (36, 51). 
A State should not be permitted to authorize its citi- 
zens to make reprisals ; for, although such authority, 
when granted in time of peace, is designed to enable 
the citizens of one country to obtain redress for inju- 
ries committed by those of another, without a resort 

* They are sometimes called simply Utters of marque, and are 
often issued in time of war, and sometimes in time of peace. When 
issued, it is generally to the owners or master of some armed vessel, 
which then goes out and captures the vessels and property of the 
foreign nation on the ocean. Such a vessel is called a privateer 
(see page 281). 

This method of obtaining reparation seems more like retaliation. 
But many things are allowed in war which are not justifiable at other 
times. Privateering is not as extensively practised as formerly. 



156 NATIONAL GOVERNMENT 

to war, the tendency of reprisals is to provoke rather 
than to prevent war ; and when granted in time of 
war it is merely one means of carrying on the war. 
In both cases the National Government alone should 
have the power to grant the commissions, as it alone 
has the power to declare war, because the whole coun- 
try may become involved. The entire subject of war 
is taken away from the States and given to the 
Nation. 

3. Captures — As a part of its power over war, Con- 
gress has power to make rules concerning the property 
captured in time of war. The general practice is to 
distribute the proceeds of the property among the cap- 
tors as a reward for bravery and a stimulus to exer- 
tion. The property captured is called prize. But 
proof must be made in a court of the United States 
that the property was taken from the enemy, before it 
is condemned by the court as a prize. 

4. Army and Navy — So also Congress has power to 
raise, maintain, and make rules for the government of 
an army and navy (37-40).* Under the Confedera- 
tion the Congress could declare war, but could not 
raise or pay a single soldier (see page 98). A govern- 
ment must have an army, or at least the power to raise 
one. Without one it is virtually powerless, for not 
only must a nation be ready to fight foreign foes, but 
also occasions will arise when its supremacy can be 

* The policy of the country has been to maintain a very small 
army and navy, and undoubtedly much of our prosperity, as com- 
pared with other nations, is due to this. In European nations not 
only do the people have to bear the burden of an immense standing 
army, but in many of them several years of the best part of every 
man's life must be spent in service. 



LEGISLATIVE DEPART3IENT 157 

maintained against insurrections or rebellions among 
its own subjects in no other way. So also maritime 
nations must have a navy to protect their commerce. 
In ordinary times the United States army and navy 
are filled by voluntary enlistments, but when these do 
not furnish enough men Congress provides for a con- 
scription, called during our late war a draft. By this 
the number needed are chosen by lot from among the 
citizens, and they are compelled to go, or furnish sub- 
stitutes. In order that Congress shall not lose control 
of the army when raised, it is provided that no appro- 
priation shall be made for a longer period than two 
years. It may, however, make as many successive 
appropriations as it sees fit, and they are now made 
every year for such year. 

5. Militia — Congress also can provide for calling 
out the militia (40). It has so provided by delegating 
the power to the President, to be so exercised when he 
thinks the necessity provided for by the Constitution 
has arisen.* 

* Though the President is Commander-in-Chief of the army, navy, 
and militia, Congress still has practical control of all, for before 
they can be paid Congress must raise the money and appropriate it 
(49). In ordinary times this is done every year. 



158 



NATIONAL GOVERNMENT 



EXPKESS POWEKS OF CONGKESS 

[Under Art. I. sec. 8.] 



I. ORDINARY PEACE POWERS 
I. Raising Money ; 



1. By Levying, 

1. Direct Taxes, 

2. Imposts, or 

3. Excises : 



|| (1. Payment of Debts, 
Z &o ] 2. Common Defence, or 
£ g, (3. General Welfare. 



2. By Borr owing. 

II. Commerce, Regulation of; 

1. Foreign, 

2. Among States, and 

3. With Indians. 

III. Naturalization. 

IV. Bankruptcy. 

V. Coinage; 

j" 1. Coining Money, 

( 2. Regulation of Value, of 

j 1. Domestic Coin, and 
I 2. Foreign Coin. 

VI. Weights and Measures, Regulation of. 
YII. POST-OFFICE; Establishment of 

1. Post-Offices, and 

2. Post-Roacls. 



LEGISLATIVE DEPARTMENT 159 

VIII. Science and Useful Arts, Encourage- 

ment OF, by granting 
( 1. Copyrights, and 

\ 2. Patents. 

IX. Inferior Courts, Establishment of. 

X. Crimes; 

(1. Piracies, ) , . _ „ , 

\ a ^ , ir , « L 1. Define, and 

| 2. Felonies on High Seas, to j g Pimlsh 

1 3. International Offences, ) 

[ 4. Counterfeiting ; to punish. 

M, U. S. Securities, and 
( 2. U. S. Coin. 

XL Territory; Exclusive Legislation 
over 
\ 1. District of Columbia, and 
| 2. Forts, etc. 

II. POWERS RELATING TO WAR 
f I. Declaration of War. 

II. Letters of Marque, Granting of. 

III. Captures, Rules concerning. 

IV. Forces; 

f 1 A mi v ) ( j - Raise > 

1. Aim}, tQ ) 2 Maintain< and 

-\ 2. Navy, ) ( 8 . Make Rules for. 
[3. Militia, to Provide for 

1. Calling out, to 

1. Execute Laws, 

2. Suppress Insurrections, or 

3. Repel Invasions. 

2. ( Organizing, ) 

'■). Alining, [- at all times. 

4. Disciplining, and ) 

5. Governing, when in U. S. service. 



160 NATIONAL GOVERNMENT 

CHAPTEE XXXII 

PROHIBITIONS ON THE UNITED STATES 

1. "Where Found — Section 9 of Article I. names 
certain subjects which Congress is forbidden to legis- 
late upon.* Most of these form exceptions to the 
powers granted in the preceding section. 

2. Slave-Trade — From an early period slaves had 
been imported into the Colonies from Africa. At the 
time when the Constitution was formed, laws prohibit- 
ing the foreign slave-trade had been passed in most of 
the States, but the delegates from a few States in the 
Convention insisted on having the privilege of import- 
ing slaves secured. A majority of the Convention 
were in favor of leaving Congress free to prohibit the 
trade at any time. But as it was doubtful whether 
certain States would in such case accede to the Consti- 
tution, and as it was desirable to bring as many States 
as possible into the Union, it was at length agreed 
that the trade should be left free for twenty years to 
all the States choosing to continue it (44, 79). Once 
more, a compromise, f 

3. Habeas Corpus — The nature of this writ has 

* It must be remembered that sec. 9 of Art. I. does not apply to 
the States, but only to Congress. The prohibitions upon the States 
are found in sec. 10. For instance, a State legislature is not pro- 
hibited by the United States Constitution from suspending the writ 
of habeas corpus, as far as State offences are concerned. For this 
reason provisions similar to those in sec. 9 are generally found in 
State constitutions, as to habeas corpus, appropriations, statements, 
etc. 

f Congress did, however, in 1808 wholly prohibit the slave-trade. 



LEGISLATIVE DEPARTMENT 161 

been heretofore explained (see page 88). The presence 
of this clause (45) here shows how important the writ 
was considered. In England its operation had at 
times been suspended for slight and insufficient rea- 
sons. The clause applies only to United States judges. 
They can grant the writ only in cases of violation of 
United States laws (see page 182). 

4. Bill of Attainder — Attainder in this phrase 
means that forfeiture of property and loss of all civil 
rights (among them, the right to inherit property or 
transmit it to heirs) which a person formerly suffered 
who had been condemned to death for treason or other 
crime. A hill of attainder is an act (i.e., a law) of a 
legislature inflicting this punishment upon some par- 
ticular person and condemning him to death, without 
a regular trial in court. Such laws are inconsistent 
with the principles of republican government, and 
are therefore proper] v prohibited to Congress (46, 
71). 

5. Ex post facto Law — This is a law that makes 
punishable as a crime an act which was not criminal 
when done, or that increases the punishment of a 
crime after it has been committed.* Such laws are 
unjust, and therefore wholly forbidden to Congress 
(46). 

6. Direct Tax — What a direct tax or capitation tax 
is, has been already described (see Chap. XV., sees. 1 
and 11). A prior clause has given the rule of appor- 
tionment of direct taxes (5). For greater security it 
was provided that no direct tax should be laid except 

* If, for example, one should commit murder -while the penalty 
was imprisonment for life, and the legislature should then pass a 
law, and apply it to his case, making the penalty death. 
11 



162 NATIONAL G0VERN3IENT 

in that way, counting three-fifths of the slaves (47). 
But now if direct taxes were laid they would be in 
proportion to true population. 

7. Export Duties — These are entirely forbidden to 
Congress (48). The reasons have been given before 
(see page 142, sec. 5). This clause forms an exception 
to the one in sec. 8 (26) which gives the right to lay 
duties. 

8. Equality in Trade — It was the aim of the Con- 
stitution to secure to each State freedom and equality 
in trade. For this reason any preference of the ports 
of one State over those of another is forbidden (48).* 

9. Appropriations — An appropriation is a law pro- 
viding that a certain sum of money in the treasury 
shall be paid out for a certain purpose. The Consti- 
tution provides that no money shall be drawn out 
except when so appropriated by Congress (49). This 
places the public money beyond the reach or control 
of the Executive or any other officer, and secures it in 
the hands of the representatives of the people. Even 
the President cannot draw his salary unless Congress 
makes the appropriation. In pursuance of this provi- 

* The last part of that clause, referring to entry, etc., may not be 
easily understood. It does not mean that vessels going from one 
State to another shall not be obliged to enter, clear or pay duties (as 
it might be literally construed). There are laws of Congress enforc- 
ing these things in certain cases. It means only that when a vessel 
is bound from a certain State it shall be obliged to clear only in that 
State, and when bound to a certain State it shall be obliged to enter 
or pay duties only in that State. The purpose was to prevent ves- 
sels from being compelled to enter, clear or pay duties at ports from 
which they did not come or to which they were not bound. This 
very hardship had been imposed upon American commerce before 
the Revolution by England, who compelled American vessels sailing 
to a foreign port to first go to England. 



LEGISLATIVE DEPART3IENT 1^3 

sion, Congress, at every session, passes laws specifying 
the objects for which money is to be appropriated. 

10. Statements — The clause requiring statements 
of the receipts and expenditures to be published makes 
Congress responsible to the people. Such statements 
are published annually, and short abstracts are pub- 
lished monthly (49). 

11. Titles of Nobility* — Congress is entirely pro- 
hibited from granting these (50). They would tend 
to introduce the distinctions of rank here that exist in 
many other countries, which the Constitution desires 
to prevent. As the Declaration of Independence says, 
" all men are created equal." 

12. Relations of Officers with Foreign Sovereigns 
— Officers of the United States Government are for- 
bidden to receive any present, office, or title from any 
foreign state, unless with the consent of Congress (50). 
This is to guard them against foreign influence. 



OHAPTEE XXXIII 

PROHIBITIONS ON THE STATES 

1. Treaties — Section 10 of Article I. enumerates cer- 
tain things which each State is forbidden to do. The 
first one is, to make any treaty, alliance, or confedera- 
ationf (51). Another clause forbids a State to make 
any kind of agreement with another State or with a 
foreign power without the consent of Congress (52). 

* See page 20, sec. 6. 

f For the meaning of treaty see page 172. An alliance is a union 
for some common object. A confederation is a broader word, signi- 
fying a closer union. 



164 NATIONAL G0VERN3IENT 

If the States, separately, were allowed to make trea- 
ties or form alliances with foreign powers, the rights 
and interests of one State might be injured by the 
treaties made by another. As the States united con- 
stitute but one Nation, it is obvious that the power to 
treat with other nations properly belongs to the Gen- 
eral Government. 

2. Letters of Marque — The States are forbidden to 
issue these, as by doing so one State might, for local 
reasons, direct the enmity of a foreign nation against 
the whole Nation, and perhaps involve the whole 
country in war. 

3. Coinage — This is forbidden to each State. One 
object in giving this power to Congress was that the, 
coinage might be uniform (see page 1 50), but if each 
State had the power also, this object might not be 
attained. 

4. Bills of Credit — The States are forbidden to 
emit them. Bills of credit are promises to pay cer- 
tain amounts of money, issued for the purpose of be- 
ing used as money. The purpose of the clause was to 
prevent the future occurrence of the evils they had 
already caused.* The United States Treasury notes 
are bills of credit. Bank bills issued by State or 
national banks are not within the prohibition. 

5. Legal Tender — The States are forbidden to 
make anything but gold and silver coin a tender in 
payment of debts. Tender, or, as it is usually called, 
legal tender, means that with which a debt may be 

* Bills of credit, to a vast amount, were issued by the States dur- 
ing the Revolution, and for some time thereafter. This paper 
money, having no funds set apart to redeem it, became almost worth- 
less. 



LEGISLATIVE DEPARTMENT 165 

paid, by law.* Some of the States had declared their 
irredeemable paper money a lawful tender. But paper 
money and property of all kinds are continually liable 
to fluctuation in value, and might subject those who 
should be compelled to receive it to great inconven- 
ience and loss. Gold and silver are considered more 
stable in their value. 

6. Bill of Attainder— This is forbidden to the 
State legislatures for the same reason that it is forbid- 
den to Congress (see page 161, sec. 4). 

7. Ex post facto Law — The States are forbidden to 
pass such laws, as they are unjust (see page 161, sec. 5). 

8. Law Impairing- the Obligation of Contracts — 
The passage of such a law by any State legislature is 
forbidden. Laws that would release men from their 
obligations would be contrary to the principles of jus- 
tice, and destroy all security for the rights of property. f 

9. Titles of Nobility— The granting of these by 
any State is forbidden, for the same reasons as in the 
case of Congress (see page 163, sec. 11). 

10. Duties — States are forbidden to lay duties on 

* Not all money is legal tender. The legal tender in this country 
now is gold, silver, and U. S. notes (see page 150). The creditor 
may take what he chooses in payment of the debt, but he cannot be 
compelled to take anything but legal tender. 

fAs bankrupt laws release debtors from the payment of their 
debts, and consequently impair the obligation of contracts, the ques- 
tion has arisen whether the States have power to pass them. From 
decisions of the Supreme Court of the United States, which is the 
highest judicial authority, it appears that a State may not pass a 
bankrupt law discharging a debtor from the obligation of a contract 
made before such law was passed. But it was not to be considered a 
law impairing the obligation of a contract, if it existed before the 
contract was made ; because the parties, who are presumed to know 
that such law exists, may guard themselves against loss. 



166 NATIONAL GOVERNMENT 

imports or exports (52). The reason that import 
duties are not allowed is that they may be uniform 
throughout the country. This has been explained 
before (page 142). Export duties are generally con- 
sidered impolitic, as tending to discourage the indus- 
tries of a country. 

11. Inspection Duties — The exception allowing a 
State to lay duties necessary to execute its inspection 
laws was deemed proper. Laws are passed by the 
States for the inspection or examination of flour and 
meat in barrels, leather, and sundry other commodi- 
ties in commercial cities, to ascertain their quality and 
quantity, that they may be marked accordingly. By 
this means the States are enabled to improve the 
quality of articles produced by the labor of the coun- 
try, and the articles are better fitted for sale, as the 
purchaser is therefore guarded against deception. A 
small tax is laid upon the goods inspected, to pay for 
their inspection. But, lest the States should carry this 
power so far as to injure other States, these " laws are 
to be subject to the revision and control of Congress." 

12. Tonnage Duties — These are duties laid upon 
vessels; so much per ton.* They are forbidden to 
States (unless with the consent of Congress), as they 
are a means of regulating commerce, which is a sub- 
ject given entirely to Congress. 

13. War — We have seen that war is another subject 
of which Congress is to have complete control (Chap- 
ter XXXL). For this reason the States are forbid- 
den to keep troops or ships of war in time of peace, 
or to engage in war, without the consent of Congress. 

* A vessel's tonnage is not what she weighs, but the number of tons 
of freight she can carry. 



LEGISLATIVE DEPARTMENT 167 

PKOIIIBITIONS 

[In Art. I., sees. 9 and 10.] 

I. ON THE UNITED STATES 

I. On Congress ; as to 

r I. Taxes ; 

{ 1. Export Duties, 

( 2. Direct taxes, not in proportion to census. 

" II. Commerce ; 

^ 1. Abolition of Slave-Trade prior to 1808, 
( 2. Preference of Ports. 

III. Other Laws ; 

fl. Suspension of Habeas Corpus, 
I 2. Bill of Attainder, 
1 3. Ex post facto Law, 
[4. Titles of Nobility. 

II. On U. S. Officers ; 

j 1. Paying Money without Appropriation, 
{ 2. Receiving from Foreign State, any 

fl. Present, 
I 2. Emolument, 
1 3. Office, or 
(4. Title. 

II. ON THE STATES ; AS TO 

I. Taxes ; 

( 1. Import Duties, 

- 2. Export Duties, 
( 3. Tonnage Duties. 

II. Agreements with other States or Nations ; 

\ 1. Treaty, etc., 

( 2. Any Agreement. 

III. War; 

( 1. Letters of Marque, 

-! 2. Troops, or War- vessels, 

( 3. Engaging in War. 

IV. Money ; 

( 1. Coinage, 

- 2. Bills of Credit, 
/ 3. Legal Tender. 

. V. Other Laws ; 

f 1 . Bill of Attainder, 

2. Ex post facto Law, 

3. Law impairing Contract, 

4. Title of Nobility. 



168 NATIONAL GOVERNMENT 



SECTION III.— EXECUTIVE DEPARTMENT 
CHAPTER XXXIV 

PRESIDENT AND VICE-PRESIDENT '. ELECTION, QUALIFICA- 
TIONS, ETC. 

1. Executive — One of the strongest distinctions be- 
tween the present Union and the Confederation is that 
now we have a fnll and strong executive department, 
while under the Confederation there was none (see 
page 98). 

2. Number — In regard to the organization and 
powers of the executive department there was great 
diversity of opinion in the Constitutional Convention. 
The three principal points discussed were (1) whether 
it should consist of one person as chief, or more ; (2) 
the term; and (3) the mode of election. First : ought 
the chief executive power to be vested in one person, or 
a number of persons ? Laws should be executed with 
promptness and energy. This is more likely to be 
done by one man than by a number. If several were 
associated in the exercise of this power, disagreement 
and discord would be likely to happen, and to cause 
frequent and injurious delays. For this reason it was 
decided to have one President (53). 

3. Term— Second : as to the term. It was argued 
that the term should not be so short as to induce him 
to act more with a view to his re-election than to the 
public good, nor so short that he would not feel some 
independence of the people, and could not carry out 
his system of public policy ; nor so long that he would 



EXECUTIVE DEPARTMENT 169 

feel too independent of the people. The term of four 
years was decided upon as the most likely to avoid all 
the objections (53). It commences March 4th next 
after the election. A new Congress is elected and 
begins its term at the same time as each successive 
Presidential term. 

4. Mode of Election — Third : as to the manner of 
electing the President. Several modes were proposed 
in the Convention, among them these : by Congress, 
by the State legislatures, by the people directly, and 
by Electors chosen for the purpose in some way. The 
last was the one adopted (54). The object was two- 
fold : (1) to keep the legislative and executive depart- 
ments distinct, - and (2) to make certain of such a man 
being elected as would be worthy of the high position. 
If Congress elected him, it would be practically com- 
bining the two departments ; and on the other hand, 
if the people elected him directly, it was thought that 
they might be led into error through popular enthu- 
siasm or misconception, and that at the time of an 
election there would be great excitement ; but if he 
was elected by a body of select men, they would act 
with more deliberation and their judgment would be 
probably correct. And if they were selected for that 
one purpose it Avas thought they would be better fitted 
for it than the State legislatures would be. 

5. Election of Electors — The Constitution does not 
prescribe the manner in which the Electors shall be 
appointed or chosen ; this is left to the States. At 
first no uniform mode was adopted by the different 
States, but at present in all the States they are 

* For this reason no Member of Congress nor civil officer can be an 
Elector. 



170 NATIONAL GOVERNMENT 

selected directly by the people, usually, by general 
ticket* By a law of Congress, the Electors are re- 
quired to be chosen in all the States on the same day, 
which is the Tuesday next after the first Monday of 
November. 

6. Proceedings of Electors — On the second Mon- 
day of January the Electors meet in their respective 
States and vote for President and Vice-President. 
What follows is amply described in the Constitution 
itself (Amend. XIL). In 1804 a change was made in 
the mode of electing the Vice-President. f 

7. Election by the House — On the second Wednes- 
day in February after the election the Electoral votes 
are counted, and if no one has obtained a majority, the 
House and Senate elect the President and Vice-Presi- 
dent respectively. This is described in the Constitu- 
tion and need not be repeated here (95)4 

8. Present Practice — When the Constitution was 
framed it was intended that the Presidential Electors 
should exercise their own personal judgment, and that 
thus the President should be selected by the calm wis- 
dom of a body of men selected for their fitness to 
perform such a duty. But the existence of political 
parties and their action has nullified the plan. Now 
the nominating conventions put forward the candi- 
dates for the Presidency, and the Electors are after- 
ward nominated and voted for entirely with reference 
to those candidates, it being known beforehand which 

* That is, every voter votes for as many men as the State is entitled 
to have Electors. 

f The Constitution itself shows what this was (55, 95). 

\ The President has been elected by the House twice ; Jefferson in 
1801, and John Quincy Adams in 1825. 



EXECUTIVE DEPARTMENT 171 

one of the candidates they will vote for ; and they 
never exercise their judgment, but simply record the 
vote of the people. It is unfortunate that the original 
plan could not have succeeded, for the present practice 
is open to the objections of an election directly by the 
people, which it is in effect. 

9. Qualifications — These the Constitution specifies 
(57). It will be noted that they are higher than those 
required for a Senator, because the office is so much 
more important. No length of residence here by a 
foreigner will qualify him. 

10. Vacancy — In case of a vacancy in the office of 
President, the Vice-President becomes the President.* 
Under the provision of the Constitution (58), Congress 
has enacted that, when there is neither President nor 
Vice-President, a member of the Cabinet shall, in the 
following order, act as President : The Secretary of 
State, Secretary of the Treasury, Secretary of War, 
Attorney-General, Postmaster-General, Secretary of 
the Navy, Secretary of the Interior. 

11. Salary — The President has a salary, its amount 
being fixed by Congress. Congress may increase or 
diminish it, but not so as to affect the President in 
office at the time (59). If Congress could reduce his 
salary at pleasure, he could never afford to be inde- 
pendent of them. On the other hand, if it could be 
increased during his official term, he might be tempted 
to use undue influence to procure a needless increase. 

* The Vice-President has no duties to perform as Executive of the 
Nation. He merely presides in the Senate. In dignity the office of 
President is much higher. 



1Y2 NATIONAL GOVERNMENT 

OHAPTEE XXXV 

POWERS AND DUTIES OF THE PRESIDENT 

1. Commander-in-Chief — The President is com- 
mander-in-chief of the entire military force of the 
Nation (61). This power must be given into the 
hands of one man. If there were more (even two) 
there might be no firmness or promptitude, qualities 
absolutely necessary to render any army useful. The 
President is the proper person, for he is the Executive 
of the Nation. But the President does not take the 
field himself. The actual operations are conducted by 
his generals under his supervision. 

2. Reprieves and Pardons * — These may be granted 
by the President, but only in cases of convictions by 
the United States courts (61). Over State offences he 
has no jurisdiction. Peculiar cases may arise where, 
although a person is adjudged guilty of a crime, he 
does not deserve the punishment the law provides ; as 
if, for instance, new evidence should arise showing him 
to be innocent. But the pardoning power may be 
greatly abused, and some claim that it would be better 
to take it away altogether. 

3. Treaties — A treaty is an agreement between 
nations, and it may be upon any subject : for peace, 
for war against some third power, concerning com- 
merce, the mail, the return of escaped criminals, or 
any other subject. The power to make them for the 
United States rests with the President. But this is so 

* See page 48, see. 7. 



EXECUTIVE DEPARTMENT 173 

important a duty that it is not intrusted to him alone, 
but two-thirds of the Senate must concur (62).* 

4. Ministers — These are officers sent to a foreign 
nation to represent their own nation there. In this 
country they are appointed by the President, with the 
advice and consent of the Senate. Some are now called 
ambassadors. Our government sends a minister to 
each of the civilized and semi-civilized nations of the 
world. They reside abroad and transact any business 
that our government may have with the government 
of the country where they are. They often negotiate 
treaties, f 

5. Consuls — These the President appoints in the 
same way. Consuls are agents of inferior grade. 
They reside in foreign cities. Their business is to 
aid their respective governments in their commercial 
transactions with the countries in which they reside, 
and to protect the rights, commerce, merchants, and 
seamen of their own nation. Hence much of their 
business is with masters of vessels and with mer- 
chants. 

* Treaties are negotiated ; that is, the provisions or terms are 
arranged and agreed upon, by the agents of the two governments ; 
and a copy of the articles of agreement is sent to each government 
to be ratified. Both governments must ratify, or the treaty fails. 
Treaties are ratified, on the part of our government, by the Presi- 
dent and Senate. This is what is meant by their making treaties. 

f Until recently we have rarely sent ambassadors, but ministers 
plenipotentiary. An ambassador who is intrusted with the ordinary 
business of a minister at a foreign court, and who lives there, is 
called an ambassador in ordinary. An ambassador extraordinary 
is a person sent on a particular occasion, who returns as soon as the 
business on which he was sent is done. He is sometimes called 
envoy ; and when he has power to act as he may deem expedient, he 
is called envoy plenipotentiary ; the latter word signifying full power. 



174 NATIONAL GOVERNMENT 

6. Judges — The President and Senate appoint also 
the judges of the Supreme Court, and of the Circuit 
and District courts. 

7. Other Appointments — Thus we see that the 
President has very important powers of appointment. 
Nor is he under the control of the Senate always, for 
under the Constitution (62) Congress has vested the 
appointment of very many inferior officers in him 
alone, or in the Heads of Departments, who are ap- 
pointed by him and more or less under his influence. 
The advantage is that a President is thus better able 
to carry out his own policy if he has the selection of 
those who shall aid him. But the danger is that if we 
should obtain an ambitious or unprincipled President 
he might use the power of appointment simply to re- 
ward those who would advance his own interests, and 
greatly to the injury of the people.* 

8. Vacancies — But in those cases where the Senate 
must concur in appointments, vacancies will often oc- 
cur while the Senate is not in session. In such cases 
the President may alone make temporary appoint- 
ments (63). Without such a power somewhere, the 
public interests would often suffer serious injury. 
When the Senate acts on appointments it is said to 
go into executive session. 

* For some time past the two political parties have used this power 
to advance their own interests, and when a new party has come into 
power very many of the civil officers have been removed without 
cause in order that members of that party might be appointed in 
their stead. The aim of Civil Service Reform is to establish the cus- 
tom of retaining officers, at least of inferior rank, as long as they do 
their duty, and of appointing those best fitted for the office, no mat- 
ter to which party they belong. This is the policy of England, and 
ought to be of our country. 



EXECUTIVE DEPARTMENT 175 

9. Removals — Most of the officers, clerks, etc., in 
the Civil Service * of the United States are appointed 
for no particular term, but hold office until the ap- 
pointing authority removes them. Those appointed 
by the President, or any other officer alone, can be 
removed by him or such officer at any time. With 
regard to those whose appointments the Senate must 
concur in, it was urged at first by many that the con- 
sent of the Senate must also be obtained to the re- 
moval, but this has not been the practice. Up to 1867 
the President exercised the power of removal alone in 
all cases. In that year the " tenure of office act " was 
passed, requiring the consent of the Senate to the 
removal of those officers whose appointment they 
must concur in. This, however, was repealed March, 
1887. 

10. Message — At every session the President sends 
to Congress a message, containing recommendations of 
the passage of such measures as he judges expedient 
(64). This, of course, gives little information, but it 
serves to fix the responsibility upon them. 

11. Convening- Congress — Besides the regular ses- 
sions each year, Congress may be convened by the 
President when he thinks an extraordinary occasion 
has arisen such as to render it necessary, but at such 
times they only act upon the subjects he lays before 
them. 

12. Reception of Foreign Ministers — This is de- 
volved upon the President as the proper person to repre- 

* The " Civil Service " means the body of persons employed by the 
United States, from the Cabinet down to the lowest clerks in the 
Post-Office, except the army and navy. It includes now perhaps 
100,000 persons. 



176 NATIONAL GOVERNMENT 

sent the Nation. It is usually a merely formal matter, 
but may be one of great importance. In case a revolu- 
tion has occurred in some foreign country and a new 
minister is sent here, the President in deciding whom 
he will receive must decide whether to recognize the 
new or the old government, and this might involve us 
in Avar. 

13. Execution of the Laws — This is the most im- 
portant and most comprehensive duty devolved upon 
the President. It calls upon him to see that above 
all things obedience is rendered to all the laws of the 
Union. It is for this purpose that he is made com- 
mander of the army and navy. In 1861 President 
Lincoln would have disregarded this high obligation 
had he refused to take every means to subdue those 
States which had openly revolted from the authority 
of the Nation. 

By comparing this chapter with Chapter XI. it will 
be seen how similar the powers and duties of the Pres- 
ident are to those of a State governor ; but those of 
the former are as much more important in their exer- 
cise than those of the latter, as the Nation is greater 
than any State. The State constitutions generally 
have been modelled on the United States Constitution. 



CHAPTER XXXVI 

AUXILIARY EXECUTIVE DEPARTMENTS 

1. Departments — The great amount and variety of 
the executive business of the Nation require the di- 
vision of the executive department into several subor- 
dinate departments, and the distribution among them 



EXECUTIVE DEPARTMENT 177 

of the different kinds of public business. These de- 
partments are nine in number, named as follows: 
(1) Department of State, (2) Department of the Treas- 
ury, (3) Department of the Interior, (4) Department of 
War, (5) Department of the Navy, (6) Department of 
Justice, (7) Post-Office Department, (8) Department 
of Agriculture, and (9) Department of Labor. 

2. Cabinet— At the head of each of these Depart- 
ments is a chief officer. These chief officers, some- 
times called Heads of Departments, are named re- 
spectively the Secretaries of State, of the Treasury, of 
the Interior, of War, and of the Navy, the Attorney- 
General, Postmaster-General, Secretary of Agricult- 
ure, and Commissioner of Labor, and are appointed by 
the President with the consent of the Senate. The 
first eight of these form the Cabinet, and act as a coun- 
cil of advice to the President. Owing to this close 
relation between a President and his Cabinet it is 
usual for the Senate to confirm whomever the Presi- 
dent selects for Cabinet officers. 

3. Department of State — This department has 
charge of all the business of the Nation with foreign 
nations. The Secretary of State conducts all our dip- 
lomatic* correspondence, being the official organ of 
communication with the ministers of foreign govern- 
ments sent to this country, and with our ministers 
abroad. He is also the custodian of the seal, the laws, 
and other official documents of the Nation. 

4. Department of the Treasury — To this belongs 
the charge of the finances of the Nation. It collects 
the revenue from customs and excises, pays the debts 

* Diplomacy is the science of conducting negotiations between 

nations. 

12 



178 NATIONAL GOVERNMENT 

of the Nation, coins the money, and takes charge of 
all money paid to the government. The vast amount 
of business in this department requires a great number 
of assistants. All the custom-houses, mints, and sub- 
treasuries form part of it. The building devoted to its 
business in Washington is one of the largest there. 

5. Department of the Interior — The chief subjects 
of which this department has charge are the taking of 
the census every ten years (5), the management and 
sale of the public lands, the management of the Indi- 
ans, the payment of pensions * the granting of patents, 
and education. 

6. Department of War — This department has 
charge of the procuring of supplies and equipment 
and other matters relating to the army. Its duties 
are of course far more important in time of war than 
in peace. The coast signal service belongs to this 
department. 

7. Department of the Navy — This department has 
charge of the navy, the procuring of supplies and 
equipment of vessels of war, etc. 

8. Department of Justice — The duties of the At- 
torney-General and his assistants are to attend to all 
suits in the United States courts in which the United 
States is interested, and to give their opinions in writ- 
ing on legal questions when requested by the President 
or Heads of Departments. 

9. Post-Office Department — This has charge of the 

* A pension is a yearly allowance to a person by the government 
for past services. In this country pensions are granted to those who 
are disabled in war. If a soldier is killed a pension is granted to his 
widow or children. The amount of pensions now paid in this coun- 
try is very large. 



EXECUTIVE DEPARTMENT 179 

mail. All post-offices form a part of it. The Post- 
master-General establishes post-offices, provides for 
carrying the mail, and has general charge of all 
matters connected with it. 

10. Department of Agriculture — Here are investi- 
gated matters pertaining to the agricultural interests 
of the country, such as the destruction of injurious 
insects, the eradication of diseases of live-stock, the 
best kinds of seed, of manures, etc., etc. Its publica- 
tions are widely distributed among the farmers, as are 
also large quantities of seeds of the best varieties. 

11. Department of Labor — This is a purely statis- 
tical bureau, and is engaged in the collection and pub- 
lication of facts relating to strikes, cost of production, 
wages, industrial depressions, and other matters bear- 
ing upon labor and industry. 

12. Other Executive Branches — In addition to the 
departments mentioned, various other bureaus and 
commissions have been established, among which are 
the following : 

(1) The Interstate Commerce Commission, devoted to 
the regulation of railway rates ; (2) the Civil Service 
Commission, devoted to the examination of those en- 
tering the public service, for whom educational tests 
are imposed ; (3) the Fish Commission, engaged in all 
matters pertaining to the improvement of fisheries in 
the United States; (4) the National Museum, Smith- 
sonian Institution and Bureau of Ethnology, for the 
maintenance of a museum of natural history at Wash- 
ington, and the study of North American anthro- 
pology ; and (5) the Government Printing Office, 
wherein are printed the annual reports required of 
each Department, the " Congressional Record," or ver- 



180 NATIONAL GOVERNMENT 

batim reports of the proceedings of Congress, and all 
other statistical and educational reports issued by the 
various branches of the government service. 



SECTION IV.— JUDICIAL DEPARTMENT 
CHAPTER XXXVII 

NATIONAL COURTS AND THEIR JURISDICTION 

a. Courts 

1. Necessity for National Judiciary — We now 

come to the third article of the Constitution, provid- 
ing a national judicial department. The Confedera- 
tion had none, and was thus dependent on the States. 
The chief reason why a national judiciary is necessary 
in addition to the State systems is that the State 
judges might be biased in favor of their own State. 
Laws of Congress often bear with greater hardship on 
some States than on others, and public opinion in 
those States upon whom the burden lay might be so 
strong in opposition that no judge elected and sup- 
ported by those people would sustain it. But if the 
judge belonged to a national system, and thus repre- 
sented and was supported by the whole Nation, he 
would have nothing to fear, and thus his decision 
would be more impartial. The experience of the Con- 
federation taught this. 

2. Courts — The judiciary consists of three grades of 
courts : the Supreme Court, the Circuit Courts of Ap- 
peals, and the District Courts. The Supreme Court is 
the highest court in the land, and was established by 



JUDICIAL DEPARTMENT 181 

the Constitution itself (66). The others were estab- 
lished by Congress. The Supreme Court consists of 
nine judges, and its jurisdiction is almost wholly ap- 
pellate ; that is, cases are not tried in it, but it only 
hears appeals from the other courts, and that only in 
the most important cases. It has original jurisdiction 
in a few cases. Of the Circuit Courts there are nine 
in the country. They are next lower in grade to the 
Supreme Court, to which appeals are taken from them. 
There are fifty-eight District Courts, and they are the 
lowest in grade. They hear the smaller cases, and 
appeals are taken from them to the Circuit Courts. 
The jurisdiction of all the courts is both civil and 
criminal.* 

3. Court of Claims — No one has any right to sue 
a government. Such a right is inconsistent with sov- 
ereignty. So, in this country, no one has a right to 
sue the people (they are the government), for it is the 
people from whom he gets any right, even the right to 
his own property or his life, and to admit that any one 
had a right to force anything from them would be ad- 
mitting that they were not sovereign. For this rea- 
son no one has a right to sue the United States, or any 
State (94). But Congress has established a court 
called the Court of Claims, in which those having 
claims which they think ought to be paid by the 
United States may bring a suit in the ordinary way, 
in form against the United States, and the court de- 
cides whether they should be paid. If it is decided in 
the claimant's favor it is so reported to Congress, and 
Congress generally will make an appropriation. But 

*For explanation of the terms used in this section see page 79. 



182 NATIONAL GOVERNMENT 

Congress is free to do as it chooses, and there is no 
way to compel payment. Some States have estab- 
lished similar conrts of claims, but though proceeding 
in legal methods, they perform rather the functions of 
legislative committees than courts. 

4. Tenure of Office — By the Constitution the judges 
hold office during good behavior (66). This means 
until removed on impeachment for bad behavior, and 
thus in most cases it means for life. In no other 
department of the general government are offices held 
for so long a term. The purpose is to insure a correct 
and impartial administration of justice by making 
them independent. If they could be displaced at the 
pleasure of the appointing power, or by frequent elec- 
tions, they might be tempted to conform their opin- 
ions and decisions to the wishes of those on whom 
they were dependent for continuance in office. The 
object of the framers of the Constitution was to 
remove them as far as possible from party influence. 

5. Salary — As with the President, so here, Congress, 
though it fixes the salaries of the judges, cannot dimin- 
ish them while in office. To give Congress power over 
the purse of an officer is to give it power over his will. 
Dependence upon the legislature would be as great an 
evil as dependence upon the appointing power. 

h. Jurisdiction 

6. In General — The jurisdiction of the United States 
courts does not extend to all kinds of cases, but only to 
such as the Constitution specifies, just as Congress has 
power to pass only such laws as the Constitution allows 
it to. The cases enumerated in the Constitution (67) 
in which the national courts have jurisdiction may be 



JUDICIAL DEPARTMENT 183 

divided into three general classes : (1) those arising 
under the Constitution, the laws of Congress, and 
treaties ; (2) those affecting foreigners ; and (3) those 
betAveen different States or the citizens of different 
States.* 

7. Cases arising under United States Laws — Cases 
which arise under the Constitution, laws, or treaties of 
the United States may be those where a person is 
given a right by the Constitution, laws, or treaties 
which he does not have by the laws of his State (as, 
for instance, a right to sue an infringer of a patent 
granted to him), or where he violates a law of Con- 
gress, or treaty (as counterfeiting coin, or doing any- 
thing forbidden by a treaty), or where any question 
arises as to the meaning of the Constitution, laws, or 
treaties of the United States, or as to whether a law of 
Congress is constitutional f or not. In these cases it 
makes no difference whether the parties are citizens of 
the same State or not. The jurisdiction is given to the 
national judiciary for two reasons : (1) in order that in 
the interpretation and enforcement of its own laws it 
may not be dependent on the States, and (2) in order 
that the interpretation may be uniform throughout the 
country. Were it left to the State courts, some States 

* It will be seen, therefore, that the great majority of cases between 
citizens of the same State must be brought in the State courts. So 
also the great majority of criminal cases are tried in the State 
courts. 

f A law of Congress is unconstitutional (and wholly void) unless 
the Constitution has given Congress the right to pass it (see page 140). 
If, for instance, Congress should pass a usury law (that is, a law reg- 
ulating the interest of money), or a law abolishing capital punish- 
ment, it would be void, because it has not been given these powers by 
the Constitution. 



184: NATIONAL GOVERNMENT 

might decide that a law meant one thing, and other 
States that it meant another. 

8. Cases affecting- Foreigners - — The decision of 
these properly belongs to the national courts, for the 
reason that if a foreigner is injured here, the Nation, 
and not the State, is responsible to the foreigners 
government : therefore the Nation, and not the State, 
should redress the injury. And where the foreigner is 
an ambassador, or other minister, the Supreme Court 
has original jurisdiction of the case (68). This is in 
order to provide as certainly as possible against the 
danger of injustice being done, for it might involve 
the country in a dispute, or even war, with his coun- 
try. All public ministers are treated with the highest 
respect, for this reason. Admiralty jurisdiction* is 
also given to the national courts, for the reason that 
many admiralty cases affect foreigners. Another rea- 
son is that admiralty is a part of the regulation of 
commerce, which we have seen is a subject taken away 
from the States and given entirely to the United 
States. 

9. Cases affecting Different States, or their Citi- 
zens — The third class of cases in which the national 
courts have jurisdiction is where the parties on the 
two sides, plaintiff and defendant, are either two 
different States, or citizens of different States. The 
reason for this jurisdiction is to prevent dissension 
among the States. If the decision of a question which 

* Admiralty jurisdiction is jurisdiction of cases arising on the sea, 
or connected with vessels ; as, for instance, cases of piracy, of col- 
lision on the sea, or claims for repairing a vessel, or contracts to 
carry freight or passengers. No State has any jurisdiction over the 
ocean. 



JUDICIAL DEPARTMENT 185 

affected two States were left to the courts of either, 
the controversy instead of being closed would be inten- 
sified. The history of the small German States and 
of the States under the Confederation illustrates this. 
But now, there being an impartial arbiter, the United 
States, the States submit to the decision.* 



CHAPTER XXXVIII 

TREASON 

1. Why Defmed.-^-Treason is one of the highest 
crimes that man can commit. Yet, such deep resent- 
ment and alarm does it create among the people, for 
it is an attempt to overthrow the established govern- 
ment, that the tendency always is to see it in acts 
which may be innocent, and which at least do not 
have such a purpose. For this reason the Constitution 
itself says what shall be considered treason, and what 
proof shall be necessary to establish it (70). It must 

* It will be noticed that the jurisdiction in the cases mentioned in 
this and the preceding section depends upon the character of the 
persons suing or sued, while in those mentioned in section 7 it de- 
pends upon the character of the case. When the case is such as to 
give the national courts jurisdiction it makes no difference whether 
the parties are citizens of different States or not, and when they are 
citizens of different States, or one is a foreigner, those courts have 
jurisdiction whether the case is one of those mentioned in section 7 
or not, Not all the cases enumerated in sec. 2 of Art. III. (67) have 
been spoken of separately in the text. It will be a useful exercise 
for the pupil to write down each separate case mentioned there, and 
tell to which one of the three classes described above it belongs, and 
why. But he will be apt to make a mistake as to suits by citizens 
against States, unless he consults Amendment XI. (seepage 198). A 
State cannot be sued except by another State. 



186 NATIONAL GOVERNMENT 

be either making war against the United States, or 
adhering to its enemies. And it is not sufficient that 
there is an intention or even a conspiracy to do these 
things, though they are highly reprehensible. There 
must be some overt (i.e., open) act, before it is treason. 

2. Proof — The proof required is more than in the 
case of most crimes. Generally one may be convicted, 
even of murder, upon the testimony of one witness 
directly to the commission of the crime, or even with- 
out any direct testimony upon its commission, pro- 
vided the other circumstances proven point toward it. 
But in treason against the United States, no matter 
what circumstances point toward it, there must be 
two witnesses to the same act. 

3. Punishment — Under the authority given by the 
Constitution (71) Congress has declared the punish- 
ment of treason to be death, or, at the discretion of 
the court, imprisonment and fine ; the imprisonment 
to be for not less than five years and the fine not less 
than $10,000. An attainder of treason means here 
judgment by a court. In England formerly, when one 
was adjudged guilty of treason all his property was 
forfeited to the king, and he could neither inherit nor 
transmit property to heirs. This is what is meant by 
corruption of Hood. Thus for a man's treason his 
innocent relatives were punished with him. But that 
is not so here. A law of Congress provides that no 
conviction (of any crime against the United States) 
shall work corruption of blood or any forfeiture of 
estate. 

4. The Civil War — In this country there were no 
prosecutions for treason after the War, even of the 
leaders. They were, however, laid under certain polit- 



MISCELLANEOUS PROVISIONS 187 

ical disabilities, but even these have now (1894) been 
almost entirely removed. 

5. Other Crimes — The great majority of crimes, 
such as murder, forgery, theft, etc., lie generally within 
the jurisdiction of the State. The State laws describe 
them, and the State courts punish them. The other 
subjects, beside treason, upon which Congress has au- 
thority to define offences and establish their punish- 
ment, and of which the national courts have criminal 
jurisdiction, are chiefly as follows : All crimes com- 
mitted on the sea, piracy, murder, theft, etc. ; perjury 
and other judicial crimes when committed m the 
national courts ; counterfeiting United States notes or 
coin ; forgery of patents or other United States papers ; 
robbery of the mail, or other crimes connected with 
the postal service ; extortion by a United States officer ; 
the holding of slaves ; and preventing any one from 
exercising his civil rights, by intimidation or other 
means. 

SECTION V.— MISCELLANEOUS PROVISIONS 
CHAPTER XXXIX 

RELATIONS OF STATES 

1. Records — Article IV. of the Constitution contains 
a number of important provisions, most of which 
affect the relations of the States to each other and to 
the General Government. The first one is in regard 
to the effect which the laws, records, and judgments 
of one State shall have in another, and the provision 
is that they shall have full effect everywhere (72). 



188 NATIONAL GOVERNMENT 

For instance, if a person is sued in New York and 
there is a decision on the merits against him, it is 
decided, once for all, and it may be enforced against 
him wherever he goes. Were it not for this clause 
States might provide that no matter how many times 
a question had been tried, it must be tried over again 
with all the evidence before they would enforce it. 
Congress has prescribed the manner in which public 
acts and records may be proved, and when proven 
they are conclusive as to the things stated in them. 

2. Privileges of Citizens — No State can grant priv- 
ileges to its own citizens, from which the citizens of 
other States are excluded (73). The purpose is to put 
all on an equality everywhere. Without such a pro- 
vision, any State might deny to citizens of other 
States the right to buy and hold real estate, or to 
become voters after living in the State the prescribed 
time, or to enjoy equal privileges in trade or business. 

3. Fugitive Criminals — The officials of one State 
have no power in another State as officials. For 
instance, the police or sheriff of New York City have 
no power to arrest a murderer in Jersey City. But 
the Constitution provides against the escape of crimi- 
nals in this way (74). The Governor of the State 
from which such person has fled, sends a requisition 
to the Governor of the State in which he is found, 
demanding his delivery to the first State. This re- 
quisition is usually complied with, and yet cases have 
occurred in which a Governor has refused to deliver 
up an accused person, and there is no way provided 
to compel him. This seems to have been an oversight 
on the part of the framers of the Constitution. 

4. Fugitive Slaves — By the common law, a slave 



MISCELLANEOUS PROVISIONS 189 

escaping into a non-slaveholding State became free. 
As it was presumed at the time the Constitution was 
framed that other Northern States would follow Mas- 
sachusetts in abolishing slavery, the Southern States 
wanted some provision to enable them to reclaim their 
fugitive slaves. The Northern States, though opposed 
to this, yielded for the sake of unity (75). Escaped 
slaves were, under this provision, returned to the 
South up to 1861. The clause is of course obsolete 
now.* 

5. New States — The provision (76) with regard to 
the admission of new States into the Union was deemed 
necessary in view of the large extent of vacant lands 
within the United States, and of the inconvenient size 
of some of the States then existing. The territory 
north-west of the Ohio River had been ceded to the 
General Government by the States claiming the same. 
South of the Ohio River also was a large tract, prin- 
cipally unsettled, within the chartered limits of Vir- 
ginia, North Carolina, and Georgia, extending west to 
the Mississippi. These two tracts it Avas presumed 
would soon become so thickly populated as to require 
separate governments. Since that time vast tracts 
have been acquired from France, Spain, Texas, and 
Mexico. From all these tracts thirty-one new States 
have been formed and admitted into the Union. When 
formed from the territory of the United States the 
consent of Congress only is required, but when formed 
from the territory of another State the consent of that 
State must also be obtained. + The case of West Vir- 
ginia was exceptional. 

* The words " slave " does not appear in the original Constitution, 
f After the late war Congress declared the Southern States to have 



190 NATIONAL GOVERNMENT 

6. United States Territory — Congress has complete 
power over the territory not organized into States 
(77). It establishes territorial governments, and these 
carry on all the ordinary governmental duties, but 
they are subject to the control of Congress. The 
clause with regard to the claims of States has no effect 
at the present day. 

7. Protection by United States — The United States 
must always see to it that the State governments are 
republican in form (78). The object is to perpetuate 
republican institutions. If some large State should 
establish a monarchy, it might in time engulf smaller 
ones, and in the end destroy the Constitution. Its 
policy would be in opposition to all republican institu- 
tions. So, if a State is in danger from invasion, or 
insurrection, it may call on the Nation for assistance. 

CHAPTER XL 

AMENDMENT : DEBT : SUPREMACY '. OATH : TEST : 
RATIFICATION 

1. Reason for Amendment — Article V. describes 
the manner in which the Constitution may be amended 
(79). As the best human government is imperfect, and 
as all the future wants and necessities of a people can- 
not be foreseen and provided for, it is obvious that 
every constitution should contain some provision for 
its amendment. 

2. Mode of Amendment — This is described in the 

no lawful governments, and placed them under temporary military 
governments. In time they adopted new constitutions, and were 
readmitted to the Union by Congress. 



MISCELLANEOUS PROVISIONS 191 

Constitution (79). If amendments could be made 
whenever desired by a bare majority of the States, 
the strength and efficiency of the Constitution might 
be greatly impaired by frequent alterations. It is 
therefore wisely provided that a mere proposition to 
amend cannot be made except by a majority of at least 
two-thirds of Congress, or of the legislatures of at least 
two-thirds of the States ; and that such proposition must 
be ratified by a still larger majority (three-fourths) of 
the States. It was thought better to submit occasionally 
to some temporary inconvenience than to indulge in 
frequent amendments. 

3. Public Debt — The clause (80) which adopts the 
prior debts of the country was intended to allay the 
fears of public creditors, who apprehended that a 
change in the government would release the Nation 
from its obligations. But their fears were probably 
groundless, for one purpose in changing the govern- 
ment was to provide a way to pay those debts. 

4. Supremacy — The next clause (81) declares that 
the Constitution, the treaties and the laws of Congress 
shall prevail over any State law or constitution. This 
is the clause giving efficacy to the whole Constitution. 
If any State could nullify the national law, nothing 
would be gained by the Union. Now, when a State 
law or State Constitution is passed contrary to the law 
of the Nation every one must consider it void, and the 
State judges must declare it so. 

5. Oath of Allegiance — All members of all State 
and national, legislative, executive, and judicial depart- 
ments are required on taking office to take the oath of 
allegiance, i.e., to support the Constitution of the United 
States (82). Binding the conscience of public officers 



192 NATIONAL GOVERNMENT 

by oath or solemn affirmation has ever been considered 
necessary to secure a faithful performance of their 
duties. They are generally required to swear not only 
to support the Constitution, but also to discharge the 
duties of their offices to the best of their ability. 

6. Test Oatli — In the same clause, test (often called 
test oath) means an oath or a declaration in favor of or 
against certain religious opinions, as a qualification for 
office. In England, all officers, civil and military, were 
formerly obliged to make a declaration against transub- 
stantiation, and to assent to the doctrines and conform 
to the rules of the established church. The object of 
forbidding it here was to secure to every citizen the 
full enjoyment of religious liberty. But this clause 
does not bind the States. They can provide tests, but 
usually they have similar clauses in their constitutions. 

7. Ratification — By the Constitution (83) nine States 
were to ratify it before it had binding effect in any. The 
immediate ratification of the Constitution by all the 
States was hardly to be expected ; a unanimous ratifica- 
tion, therefore, was not required. But a Union of less 
than nine States was deemed inexpedient. The framers 
concluded their labors on the 17th of September, 1787 ; 
and in July, 1788, the ratification of New Hampshire, 
the ninth State, was received by Congress.* 

8. Commencement of Government — Thus in July, 
1788, the government had begun. During 1788 and the 

* The Constitution could not become binding on any State except 
by its own ratification, for the State was sovereign. But with amend- 
ments it is different. When accepted by three-fourths they are bind- 
ing on all. They have given up their sovereignty to this extent. By 
accepting the Constitution at first each State agreed that amendments 
might be made binding in that way, even against their consent. 



MISCELLANEOUS PRO VISIONS 193 

early part of 1789, Senators, Representatives, and 
Presidential Electors were chosen by the States. \n 
February, 1789, General Washington was elected 
President by the Electors, and was inaugurated April 
30th following, when the 1st Constitutional Congress 
assembled. 

CHAPTER XLI 

THE FIRST TWELVE AMENDMENTS 

1. In General — It is remarkable that during so long 
a period the Constitution has received so few changes. 
Up to 1865, though twelve amendments had been 
added, only the last two of them had made any altera- 
tion in the original provisions. This proves the wisdom 
and skill of the patriots who framed it, to whom we 
should be ever duly grateful for having furnished our 
country with so admirable a bulwark of liberty. 

2. Bill of Rights — This is a name given to the first 
ten amendments, because they contain a list of the 
rights deemed most important to the liberty of the 
people. These amendments do not change any original 
provision of the Constitution. They act merely as 
restrictions and limitations upon the powers of Con- 
gress, and were deemed unnecessary by those avIio 
framed the Constitution, for the reason that those 
rights were so generally acknowledged, and that the 
powers of Congress were limited to those expressly 
granted to it. But as several of the State conventions 
iad, at the time of adopting the Constitution, expressed 
a desire that declarations and guaranties of certain 
rights should be added, in order to prevent miscon- 
struction and abuse, the first Congress, at its first ses- 

13 



194 NATIONAL GOVERNMENT 

sion, proposed twelve amendments, ten of which were 
ratified by the requisite number of States. 

3. Its Purpose — As long as popular liberty lasted 
sufficient to maintain any part of the Constitution it 
is not probable that any of these rights would have 
been violated, even had they remained unexpressed. 
And yet it was of value to express them. They are 
thus kept in the mind of all, serving as reminders, 
both to the ambitious man who in his power grows 
neglectful of the people's rights, and to the people 
themselves, who sometimes, through excitement and 
sudden indignation, are inclined to forget the rights 
they have guaranteed to every one. It is important 
to remember that the first twelve amendments affect 
only Congress and the national courts, not the State 
legislatures. For this reason similar provisions are 
often inserted in State constitutions, to bind the State 
legislatures and courts. We will refer briefly to 
these amendments in their order. 

4. Religious Freedom— The object of the 1st 
Amendment was to prevent the National Government 
from abridging religious freedom in any degree 
(84, 82). In England, though all were free to worship 
as they chose, yet there was an established church, 
supported by the government. Here it was thought 
best not only to have perfect liberty in religion, but 
also to have the Church and State entirely separate. 

5. Freedom of Speech and of the Press — These 
have been before defined (page 16). Congress is for- 
bidden to pass any kw abridging them (84). The 
object of this provision was not to allow one to go 
unpunished who uttered slander or published libel. It 
was intended to prevent all use of those means which 



MISCELLANEOUS PROVISIONS 195 

in former times had been used to repress the people, 
by forbidding them to speak or write on certain sub- 
jects unless licensed by the government beforehand. 
At one time it was the law in certain countries that 
even the Bible should not be printed except in a cer- 
tain language, which the people did not understand. 
So, also, governments would require all books to be 
licensed before they could be printed, and would forbid 
the utterance of any criticism, no matter how just or 
honest, against them or their officers. 

6. Right to Assemble — So, too, Congress is for- 
bidden to pass any law abridging the right of the 
people to assemble and present petitions to the govern- 
ment (84). Under pretence of preventing insurrecti( m 
governments have at times denied the people this right. 

7. Right to Keep Arms — This means the right of 
every one to own and use, in a peaceful manner, war- 
like weapons; Congress is forbidden to pass any law 
infringing the right (85). It was thought that with- 
out it, ambitious men might, by the aid of the regular 
army, overthrow the liberties of the people and usurp 
the powers of government. 

8. Quartering' of Soldiers in Private Houses — The 
3d Amendment arose from a remembrance of past 
experience (86). Among the grievances enumerated 
in the Declaration of Independence was one " for 
quartering large bodies of armed troops " among the 
people of the Colonies. 

9. Searches and Seizures — A search-warrant is a 
paper issued by a court directing a person's premises 
to be searched, because it is suspected there is stolen 
property there or property subject to duty. A seizure 
is the taking of such property, or the arrest of the 



196 NATIONAL GOVERNMENT 

person, by the officer. In the early times of English 
history these had been converted into instruments of 
tyranny. Search-warrants had been sometimes granted 
when no accusation had been made, and in blank, so 
that by filling out the blank the officer could search 
any house he chose. The 4th Amendment forbids 
Congress to pass any law authorizing warrants to issue, 
except when good cause is shown, and supported by 
oath (87). 

10. Criminal Proceedings — The object of most of 
the provisions of the 5th and 6th Amendments is the 
protection of one accused of crime, Popular opinion 
is generally hasty in cases of crime, and the rights 
named in these amendments, most of which are easily 
understood,* are such as had been found necessary in 
the history of justice in England to save innocent per- 
sons from punishment. By them Congress is forbidden 
to pass any law infringing these rights (88, 89). So 
important was the trial by jury in criminal cases con- 
sidered, that it had been inserted in the body of the 
Constitution (69). 

11. Private Property — Every government of un- 
limited powers has the right to take the private prop- 
erty of any person, for some public use, and it may be 
done even without compensation. This is called the 
right of eminent domain. But even in those cases 
where Congress has this right, the 5th Amendment 
forbids its exercise without just compensation being 
paid the private owner (88). 

12. Trial by Jury in Civil Cases — We have seen 
that the jury trial is secured in criminal cases (69). 

* In the 5th Amendment "twice put in jeopardy" means tried 
ac'ain after having been once acquitted. 



MISCELLANEOUS PROVISIONS 197 

The 7th Amendment requires it in civil cases * also 
(90). Both these provisions refer only to cases in 
United States courts. The 7th Amendment also pro- 
vides what the effect of a jury's verdict shall be. By 
the rules of the common law, when the jury had 
rendered a decision upon a question of fact upon 
which some witnesses had testified in one way and 
others in another, that question could not be re-exam- 
ined in a higher court. After the passage of the Con- 
stitution it was thought that the clause which gives 
the Supreme Court appellate jurisdiction both as to 
law and fact (68) might give it power to overthrow 
the verdict of a jury, and therefore this amendment 
was added. Thus we see how carefully the Constitu- 
tion protects the security, liberty, and property of 
the people. 

13. Excessive Bail — Bail has been described (page 
88). But it will be seen that the amount of the bond 
might be fixed so high as to prevent persons accused 
of crime from procuring the necessary sureties ; 
whereby innocent persons might be subjected to long 
imprisonment before the time of trial. To prevent 
this in the United States courts is the object of the 
8th Amendment. So, also, the degree of punishment is 
often left to the discretion of the court, as in the case 
of treason, where any amount of fine over $10,000 
may be imposed. This amendment serves as a safe- 
guard against excess (01). 

14. Rights of People — There were those who 

* The amendment says " suits at common law." These are dis- 
tinguished from suits in equity or admiralty. It is unnecessary to 
give the meanings of these terms here. " Common law suits" 
include a large majority of all civil cases. 



198 NATIONAL GOVERNMENT 

feared that because the Constitution mentioned certain 
rights as belonging to the people, those not mentioned 
might be considered as having been surrendered to 
the General Government, or as having never existed. 
To prevent such possible misconstruction was the ob- 
ject of the 9th Amendment (92). 

15. Powers not Delegated — So, also, the 10th 
Amendment was strictly unnecessary, for it is self- 
evident that what one has and does not give away he 
still retains (see page 140). But many were fearful 
that the central government might absorb the powers 
rightfully belonging to the States, and this was in- 
serted to prevent such abuse (93). 

16. Suits against States — No State court can enter- 
tain any suit against a State. The 11th Amendment 
forbids the United States courts to entertain them 
(except by one State against another) (94). During 
the devolution the States had issued bills of credit 
which had not been paid. After the adoption of the 
Constitution suits were brought against some of the 
States by private persons to enforce payment of these 
bills of credit, and the Supreme Court decided that 
under the judicial clause (67) this could be done. It 
was in consequence of this decision that the amend- 
ment was passed. Now there is no way for a private 
person to sue a State in any court. It is thought 
best to leave a State free to settle its obligations in 
its own way and in its own time. 

17. Election of President — This is the subject of 
the 12th amendment (95, 96), and has been else- 
where treated (page 168). This amendment was 
adopted in 1804. Under the plan first adopted the 
chief opponent of the President became the Yice- 



MISCELLANEOUS PROVISIONS 100 

President, and as the country had become divided 
into two great opposing parties, they would naturally 
belong each to one of those. Now the Vice-President 
will usually belong to the same party as the President. 
Many have doubted the wisdom of this change. 



CHAPTER XLII 

THE 13th, 14th, and 15th amendments 

1. Iii General — These three amendments were the 
logical political result of the Civil War. Its ultimate 
cause was negro slavery ; its final result, the raising of 
the negro to an equality before the law with the white 
man. These amendments differ from the others in this 
respect, that they are binding on the States as well as 
on the National Government. The States are named 
in them. 

2. Slavery — In 1863 President Lincoln had issued 
the Emancipation Proclamation. Whether this had 
any legal effect or not, the adoption of the 13th 
Amendment in 1865 did abolish slavery throughout 
the country (98). 

3. Civil Bights — But it is evident that a person, 
though not a slave, may not have all the civil rights 
of others, as the right to acquire, hold, or sell prop- 
erty, to engage in trade, to live where he pleases, etc. 
The slaves, emerging from slavery, had no civil rights. 
But by the 14th Amendment they are made citizens 
and all civil rights bestowed upon them (99). This 
was the second step in the elevation of the negro. 

4. Apportionment of Representatives — Thus 
4,000,000 people were added to the number of citizens 



200 NATIONAL GOVERNMENT 

in the United States, and they should be represented 
in the House. Therefore the total population was 
made the basis of representation. But it was antici- 
pated that the Southern States might not give the 
negro the right to vote, and thus he would be deprived 
of his representation in the House, while the white 
population of the South would derive all the gain 
from the increased representation, and therefore it 
was provided that whenever any State denied the suf- 
frage to any male citizens of the United States, its 
Eepresentatives should be proportionately decreased 
in number (100). 

5. Political Disabilities — We have seen that all 
officers of any State or the United States were re- 
quired (82) to take an oath to support the Constitu- 
tion. The North considered that engaging in war 
against the National Government was attempting to 
subvert the Constitution, and therefore a breach of 
that oath. Therefore it was thought best to deprive 
such as had taken the oath and afterward engaged in 
war against the Union, of the right to hold office 
(101). But Congress was allowed to remove the dis- 
ability, and has clone so in case of all but a very few. 

6. National Debt — The 14th Amendment also rec- 
ognizes and declares the validity of the national debt, 
but forbids the payment of any debt incurred in aid 
of rebellion, or any claim for the emancipation of the 
slaves (102). The South had incurred a large debt in 
the war, which was thus made void. 

7. Right of Suffrage — But though the colored race 
had all the civil rights, it had not as yet the right to 
vote. We have seen that the qualifications of voters 
is a matter belonging to the State (pages 26, 148, note). 



REVIEW QUESTIONS 201 

But by the 15th Amendment the State is forbidden to 
deny the right of suffrage to any one on account of 
his "race, color, or previous condition of servitude" 
(103). Thus the third and final step was taken in the 
constitutional changes, by which the black man was 
raised to a political equality with his fellow-man. 

8. Final — We have now completed our review of 
the National Government. The system established 
by the Constitution is peculiar, and is not necessarily 
suited to other countries. But as we study the Con- 
stitution our admiration for it should grow. The 
marvellous prosperity of the country, commercial and 
political, up to 1860, proved how well suited it was to 
our necessities, and the history of the years since the 
Civil War has shown how well grounded it is in the 
love of the people. 



REVIEW QUESTIONS 

The National Government 

Origin and Nature 

1. How was this country governed prior to the Revolution ? 

2. State the causes of the Revolution. 

3. State the political effect upon the Colonies of the Declaration of 

Independence. 

4. When was the Confederation formed ? How long did it last ? 

State its principal defects. 

5. State when the Union was formed. Its fundamental difference 

from the Confederation. The chief differences in detail. 

6. What is the difference between a Confederacy and a Nation ? 

7. Give some instances showing the partial retention of the federa- 

tive principle in the National Government. 

Legislative Department 

8. Name the six objects of the Constitution stated in the preamble. 

9. How many members are there in the House of Representatives ? 

By whom elected ? For what term ? How apportioned 



202 REVIEW QUESTIONS 

among the States at first ? How apportioned now ? Qualifi- 
cations ? 

10. Answer the same questions as to the Senate. 

11. What is the object of two legislative houses ? 

12. Is the Senate or House of the higher dignity ? Why ? 

13. How often does Congress meet ? When ? Define " A Congress." 

14. By whom is impeachment made ? By whom tried ? 

15. State the powers of each House as to its members, officers, 

quorum, adjournment, rules, journal, yeas and nays. 

16. What privilege have members of Congress as to arrest ? Why ? 

As to liberty of speech ? Why ? 

17. What bills may originate in the House ? In the Senate ? 

18. State the reason for the provision as to revenue bills. 

19. Name all the ways in which a bill, having passed both Houses, 

may become a law. 

20. State the fundamental difference between Congress and a State 

legislature as to the origin and extent of their powers. 

21. Name the subjects on which Congress may legislate. 

22. What taxes may Congress lay ? For what purposes ? 

23. From what source does most of the national revenue now come ? 

24. Why has Congress the power to regulate commerce ? In what 

ways is it exercised ? Explain retaliation duties. 

25. What is Protection ? Free Trade ? State the chief argument 

for each. Which is the policy of the United States ? 

26. What is Registry of vessels ? Clearance and Entry ? 

27. What is a citizen ? An alien ? Naturalization ? 

28. What is a bankrupt law ? The power, why given to Congress ? 

29. State the powers of Congress as to coinage ; as to weights and 

measures ; as to the Post-Office. Why given ? 

30. What is a copyright ? A patent ? What are their objects ? 

31. What powers has Congress as to piracy ? as to offences under 

international law ? Why given ? 

32. Over what parts of the United States has Congress exclusive 

authority ? 

33. Name some of the implied powers of Congress. 

34. Who has the power to declare war ? Why ? 

35. What are letters of marque ? What is prize ? 

36. How is an army raised ? How does Congress control it ? 

37. By whom may the militia be called out ? When ? 

38. Name the prohibitions upon the United States. 

39. What is habeas corpus ? A -bill of attainder ? An ex post facto 

law ? An appropriation by Congress ? 

40. State the reason for the prohibitions as to titles of nobility. 

41. Name the prohibitions upon the States. 

42. State the difference between money and legal tender. 

43. What is legal tender in the United States now ? 

Executive Department 

44. What is the advantage of having but one President ? 

45. By whom is he elected ? For what term ? 



REVIEW QUESTIONS 203 

46. What other modes were proposed ? State the objections to 

them. What was the purpose of the present one ? Was its 
purpose accomplished ? Why ? 

47. Are Presidential Electors elected or appointed ? By whom ? 

State their proceedings. 

48. When does the House elect the President ? How does it vote ? 

49. What are the President's cpialifieations ? Salary ? 

50. What are the duties of the Vice-President ? 

51. State the President's powers as to the army and navy, reprieves 

and pardons, treaties, and appointments. 

52. What is the danger connected with this power of appointment ? 

53. What is the purpose of the President's message ? 

54. What is the most comprehensive duty of the President ? 

55. Name the auxiliary executive departments, and their duties. 

Jud ic ial Depa rtment 

56. Explain the necessity for a national judiciary. 

57. Name the national courts. 

58. Can the United States be sued ? Why ? 

59. What is the Court of Claims ? How are its judgments enforced ? 

60. Are the judges appointed or elected ? By whom ? For what 

term ? 

61. State the three classes of cases in which the United States courts 

have jurisdiction, with the reason in each case. 

62. What is treason ? What proof necessary ? Its punishment. 

63. Name the crimes which the United States may punish. 

3Iiscellcmeous Pro visions 

64. State the provision of the Constitution as to the rights of citizens 

of one State in another. 

65. How are fugitive criminals returned ? 

66. What protection must the United States extend to the States ? 

67. How may the Constitution be amended ? 

68. When a law of Congress and a State law are antagonistic, which 

must prevail ? A law of Congress and a State constitution ? 

69. What persons are obliged to take the oath to support the Con- 

stitution ? 

70. How did the Constitution originally become binding on a State ? 

How does an amendment to it ? 

71. How many Amendments are there ? What is the Bill of Rights ? 

Its purpose ? 

72. State the substance of each amendment, when it was passed, and 

its purpose. 

73. Can a State be sued by a State in a State court ? In a national 

court ? 

74. Can a State be sued by a private person in a State court ? In a 

national court ? Why ? 



PART IT 

Principles of Law 

division I 

Municipal Law * 

SECTION 1— CIVIL RIGHTS IN GENERAL 

CHAPTER XLIII 

ABSOLUTE CIVIL EIGHTS f 

1 . Introductory — In this Division, under the heading 
Municipal Law, it is our purpose to give a general idea 
of the ordinary civil rights secured to persons in the 
United States, and the principles of law by which they 
are protected. This is a subject which, being local, 
belongs in most part to the different States, and not 
to the National Government, but the principles are 
substantially the same in all the States. 

2. Common Law — There are two sources of law in 
this country, the common htm and statute lair ; or the 

* By this term is meant the body of laws governing the ordinary 
e very-day actions of men, and their different rights in relation to 
each other ; particularly as distinguished from international law. It 
might be used to mean law concerning cities, villages, etc., but that 
is not its meaning here (see page 16). 

f See pages 15, 18. 



206 MUNICIPAL LAW 

unwritten and written law. The Common Law of 
England is the basis of law in all the States except 
Louisiana. It is not a code of written laws enacted by 
a legislature, but consists of rules of action which have 
become binding from long usage and established cus- 
tom. It is said to be founded in reason and the prin- 
ciples of justice. It was brought over from England 
by our ancestors, and established here before the 
Revolution ; and is now the law in all particulars 
wherein the constitutions or legislatures have not 
changed it. 

3. Statute Law — But in each State the legislature 
is free to change the common law, and to legislate 
upon subjects which the common law does not touch. 
These laws enacted by the legislature are called 
statutes ; from the Latin statuo, to fix or establish. 
For this reason the law on some subjects will differ 
in different States. Yet, as we have said before, the 
principles are the same. 

4. Rights of Persons — These have been before de- 
scribed as the three great rights of personal security, 
personal liberty, and private property (see page 15). 
We have seen what provisions are often contained in 
constitutions for their protection (Chap. XLL). These 
are the fundamental rights of men, and most of the 
subordinate rights are but forms of one or another of 
these three. 

5. Personal Security — The right of personal security 
is also protected by the law which permits a person to 
exercise the natural right of self-defence. When as- 
saulted so that one has reason to fear that he is in dan- 
ger of his life or of some serious injury to body or limb, 
he may use all the force necessary in defence and may 



RIGHTS IN GENERAL 207 

lawfully take the life of his assailant. It is lawful to 
take the life of a burglar found in a house at night, for 
he is presumed to be ready to commit murder. If the 
assault is not so violent as to cause one to fear serious 
injury, it is lawful to use only sufficient force to prevent 
the injury. But in all cases the offender may be sued 
for damages by the party injured. An assault is also 
punishable criminally. The right is further protected 
by the law, by which a man, on showing reasonable 
cause of danger of personal injury, may require his 
adversary to be bound with sureties to keep the peace. 

O. Slander— The right of personal security includes 
the right to be secure in our good names, and is pro- 
tected by the law against slander and libel. A slcmder 
is a false statement about another which injures him 
in his reputation or business ; such as, a charge that 
he has been guilty of a crime, or has a malignant dis- 
ease, or any falsehood which he can prove has injured 
him. For uttering such falsehood the slanderer may 
be compelled to pay heavy damages to the injured per- 
son. And he is liable whether he originated the state- 
ment or merely repeated it. There is, however, no 
criminal punishment for slander. 

7. Libel — A libel is a false publication in print or 
writing, signs or pictures, tending to injure a person 
in his reputation or business, or to expose him to pub- 
lic hatred, contempt, or ridicule. And it is considered 
in law a publication of such defamatory writing, 
though communicated to a single person. A slander 
written or printed is likely to have a wider circulation, 
to make a deeper impression, and to become more in- 
jurious. Libel is therefore broader than slander, and 
a person may be liable in damages for words in print 



208 MUNICIPAL LAW 

or writing for which he would not be liable if merely 
spoken. In case of libel, also, a person is not only 
liable to a private suit for damages, but may be indicted 
and tried as for other public offences, and it makes no 
difference whether he originates or merely repeats the 
statement.* 

8. Personal Liberty — Every person has the right 
to go wherever he pleases, free from restraint on the 
part of others. If any one restrains him of his liberty 
even for a very short period or without violence, as by 
locking him in a room, he may recover damages. This 
is one of our most valued rights, and is forfeited only 
by crime. In children, lunatics, and others unable to 
care for themselves, it is limited in some degree, for 
their own good and that of the community. Before 
our late war the slaves had not this right, but now 
all are equal. The writ of Habeas Corpus has been 
referred to as one of the most efficient means of secur- 
ing this right against false accusations of crime (page 
88). Freedom of speech, of the press, and of religion 
are included in the term personal liberty. But it is a 
universal rule that one must not use his own rights so 
as to injure those of another. Thus one may not use 
his right of personal liberty in speaking of another 
so as to violate that other's right of personal securit\ r 
— i.e., by injuring his reputation. 

9. Private Property — Every person has the right to 

* It was formerly the law that in the criminal action for libel it 
made no difference whether the statement was true or false. The 
reason was that the People were injured by the malicious statement, 
because, whether true or false, it excited the other party to commit 
some personal violence, and so commit a breach of the peace. But 
this is now changed in many States, and if the publication be true 
and published for a good purpose it is not a libel. 



RIGHTS IN GENERAL 209 

acquire, to use as his own, in any way he sees fit, and 
to dispose of, any amount of property. No one, not 
even the government, can deprive him of his property 
without his consent ; though sometimes the govern- 
ment may take his property, when necessary for public 
use, by paying for it (page 73). This right of private 
property is fundamental, but it, too, is limited by the 
rule that one must use his own rights so as not to 
injure those of others. The purpose of law is to give 
to each one as much liberty as is consistent with the 
liberty of others. Sections II. and III. of this division 
will contain a sketch of the system of law regulating 
and balancing the rights of property of all. 



CHAPTER XLIV 

RELATIVE CIVIL RIGHTS 

a. Public 

1. Public Relative Civil Rights have been described 
before (page 15). Every person has the right to de- 
mand protection by the government. This protection 
is afforded by its police and other civil officers. So, 
also, if these are not sufficient the governor is bound 
to call out the militia, to protect even a single person. 
Another means of protection is the system of courts, 
in which every person is at liberty to sue in order to 
enforce his rights. In return for this protection the 
government is entitled to the obedience of the citizen. 
This is enforced in different ways. It may imprison, 
fine, or even kill one avIio disobeys its laws (Chap. 
LXL). 

14 



210 MUNICIPAL LAW 



b. Private* 

2. Duties of Parent — Parents, as the natural pro- 
tectors of their children, are obliged to provide for 
their support and education during their minority, or 
while they are under twenty-one years of age. The 
father, or, if there is no father, the mother, is bound to 
support the minor children. Even if they have prop- 
erty of their own, the father is so bound, but the 
mother is not.- If a parent neglects to provide neces- 
saries for his child, others may do so and sue the 
parent for their value. 

3. Rights of Parent — The parent has the right to 
the custody of his child, and, being deprived of it, may 
recover it again. f It is lawful for a parent to punish 
his child for good cause, but not cruelly. Being bound 
to provide for his children, the father has a right to 
their labor or service ; and he may recover their wages 
from any person employing them without his consent. 
Children who are able are in general bound to support 
indigent parents. 

4. Property of Child — Yery often a child has prop- 
erty of his own. As he is unable to take the manage- 
ment of it, a guardian is appointed for him for that 
purpose. The guardian may use the property for the 
support and education of the child (called his ward) 
during its minority. He may sell the personal prop- 
erty, but the real estate cannot be sold without per- 
mission from the court. At twenty-one the guardian 

* The rights arising from the relation of husband and wife are 
treated of under Sec. II., Contracts, because marriage, the basis, is 
a contract (Chap. XLVI.). 

f See page 88, note. 



RIGHTS IN GENERAL 211 

must transfer all the property to his ward, and render 
an account of all his transactions. He is responsible 
for any loss caused by his wrong or negligence. If 
there is no parent, the guardian takes the place of 
parent to some extent, and has a right to the custody 
of his ward, and may administer proper punishment. 
If there is a father or mother, he or she is generally 
the one appointed guardian. 

5. Apprenticeship — This is a relation established by 
a written agreement, bv which a male or female minor, 
with the consent of his or her parents, agrees to serve 
as an apprentice, or servant, to some one in a certain 
trade or employment, until twenty-one years of age, or 
for a less period. In return for these services the mas- 
ter is to teach the minor the trade. This is an exception 
to the rule of an infant's inability to contract (page 
213), for the master can compel the apprentice to fulfil 
his agreement. To a certain extent he acts as a parent, 
may punish his apprentice, and is liable for his sup- 
port. The officers having charge of the poor may bind 
out pauper children in this way. Formerly apprentice- 
ships were common, but now in this country they are 
little used, and the subject is an unimportant one in 
the law. 

6. Master and Servant — This relation can hardly 
be said to exist at present in this country. Formerly 
certain rights and duties flowed from it, such as the 
right of the master to administer corporal punishment, 
or the duty of the servant to protect his master against 
assailants. But, as a result of the democratic equality 
of all persons here, it has come to be merely a contract 
relation. The employer agrees to pay a certain sum 
for certain services which the employed agrees to ren- 



212 MUNICIPAL LAW 

der ; and each must fulfil the contract (Chap. XLY.). 
With regard to how far an employer is answerable 
to other parties for the acts of the employed, the rela- 
tion is one of principal and agent, and the principal is 
responsible just so far as the agent had a right to act 
for him (Chap. XLVIL). 



SECTION II.— CONTRACTS 
CHAPTER XLV 

CONTRACTS IN GENERAL 

1. Definition— A contract is an agreement or a 
promise by one person with another to do or not to do 
a particular thing. Contracts may be written or oral. 
Certain contracts, like those for the sale of land, must 
be in writing (see page 217) ; but most of the con- 
tracts of daily life are oral. They may be also express 
or implied. The former is an agreement expressed 
orally or in writing ; the latter is one by which a per- 
son does certain things which in law imply an agree- 
ment, as, where a person employs one to do anything 
for him, or buys certain things, a promise is implied to 
* pay what the labor or the things bought are worth.* 
This subject of contracts is very broad in law, for most 

* Another distinction between contracts is that they may be ex- 
ecutory or executed. An executory contract is one where the agree- 
ment is to do something at some future time ; an executed contract 
is one where nothing remains to be done afterward, but the agree- 
ment is immediately carried out. For instance : where one agrees 
to sell real estate at some future time the contract is executory ; the 
deed itself is an executed contract. 



CONTRACTS 213 

of our daily actions are but the fulfilment of contracts, 
and we may contract to do almost anything. 

2. Rule — The fundamental rule of law and justice 
with regard to contracts is this : that a person must 
do what he or she has agreed to do. This is the rule, 
but the exceptions to it — also founded in justice — 
are quite numerous, and the principal ones will form 
the subjects of the following sections of this chapter. 

3. Capacity of Parties — It would be unjust to com- 
pel a person to fulfil his contracts if he were incapable 
of contracting ; i.e., if his powers of thought were not 
strong enough to enable him to judge what was for his 
best advantage. For this reason infants (i.e., minors), 
lunatics, idiots, and some others, cannot be compelled 
to fulfil any contracts they may make. Otherwise 
great advantage might be taken of them by unscrupu- 
lous persons. But when one does contract with such a 
person, he cannot refuse to fulfil his share of the bar- 
gain, if the minor or other such person Avishes to uphold 
it. Nor can the person incapable to contract, if he or 
she has received anything under the contract, refuse 
to fulfil it without restoring what has been received. 

4. Infancy — An infant in legal language is a person, 
boy or girl, under twenty-one years of age. The rea- 
son why they may not make contracts which may be 
enforced against them is that they have not had, as a 
rule, sufficient experience to prevent others from gain- 
ing the advantage in their contracts. Therefore an 
infant while he may receive property cannot sell any, 
and if he does, can regain it. But if after becoming 
of age he ratifies the contract, then it is as if he had 
made it when of age. There is one exception to an 
infant's incapacity to contract. lie may contract for 



214 MUNICIPAL LAW 

necessaries when he has no parent or guardian who 
supplies them ; i.e., such things as food, clothing, lodg- 
ing, and education, and when he obtains them may be 
made to pay for them. Otherwise he could not obtain 
them, for no one would trust him. 

5. Lunacy — Lunatics and idiots are protected in the 
same way, because they are unable to protect them- 
selves. An agreement is an act of the mind, and there- 
fore one who has no mind cannot, in reality, agree. A 
person while intoxicated has lost the use of his faculties 
for the time, and therefore any contract that he makes 
during that time he may refuse to fulfil; but, if he 
adopts it on becoming sober, he cannot afterward ques- 
tion it. 

6. Married Women, by the common law, could not 
make contracts, and they cannot now in many par- 
ticulars. This was not because of their supposed 
incapacity, but because the husband and wife were 
considered as one person. But the common law has been 
changed in many States by statute, and they may 
make some contracts ; such as, any contract necessary 
in the management of their separate property, even to 
sell or buy it, and any contract made in connection 
with a business which they may be carrying on. 

7. Assent — Another requisite to a contract is the 
mutual assent of the parties. A mere offer by one 
party, not assented to or accepted by the other, con- 
stitutes no contract. This is implied in the word 
agreement, for it takes two to " agree." In case the 
parties are distant from each other, if the proposition 
is sent by mail, and a letter of acceptance is written 
and put in the mail, the contract is complete, unless, 
before mailing the letter of acceptance, a second letter 



CONTRACTS 215 

has been received containing a retraction of the pro- 
posal. 

8. Consideration — Every contract must have a con- 
sideration to be enforceable.* The consideration of a 
contract is what is given, done, or promised, as the 
cause or reason for which a person enters into the 
agreement. Thus, the money given or promised, for 
which a man agrees to perform certain labor, is the 
consideration of the agreement. So the money or 
other thing for which a promissory note is given, is 
the consideration. Mutual promises are sufficient con- 
siderations to make a contract binding ; but they must 
be made at the same time. Such promises support 
each other. The promise of one party constitutes a 
sufficient consideration for a promise by the other 
party. But the law will not enforce a contract on 
the part of one where the other party has not given, 
done, or promised something on his part. The pur- 
pose of the law is to remedy some injury done, but a 
party is not considered as injured when another refuses 
to fulfil a promise to him, unless he has done some- 
thing on his part to balance such promise. Therefore 
promises wholly gratuitous are void, such as a promise 
to give one money or property as a gift.f 

9. Gratuitous Services — So, also, services rendered 
which have not been requested afford no ground for a 
claim for payment. This is a case not of a lack of con- 

* Promissory notes and bills, transferred before they are due to a 
person who does not know whether they are without consideration or 
not, are an exception to this rule. (See page 236.) 

f The moral law may require the fulfilment of such a promise, but 
the municipal law cannot. This is an instance where human law is 
not so broad as the moral law. (See page 17.) 



216 MUNICIPAL LAW 

sideration, but of absence of contract. There is even 
no implied promise to pay for the services, for they 
were not requested. Had they been requested, there 
would have been an implied promise to pay for them. 
And it makes no difference how valuable the services 
are, as the saving of property from fire, or the secur- 
ing of cattle found astray, or of property lost. This 
seems unjust, but the injustice would be greater were 
it the other way ; for then any one might force any 
service upon us which we did not want, and compel us 
to pay for it. 

10. Fraud and Force — We have seen that assent is 
necessary to a contract. But it must also be given 
freely and with full knowledge. If it is obtained by 
means of force, as through threats of any kind, or 
by fraud, as by representing facts that were not true, 
or concealing facts that the other had a right to know, 
the party upon whom the force or fraud is practised 
can claim there is no contract if he wishes to. The 
other one cannot, for it is a rule in law that one can- 
not take advantage of his own wrong-doing. 

11. Impossible Contracts — No man can bind him- 
self to do what is not in the power of man to do. But 
it is otherwise, if the thing to be done is only at the 
time impossible in fact, but not impossible in its nature, 
and this impossibility might have been anticipated. 
Hence, inability from sickness to fulfil an agreement, 
or the impossibility of procuring an article which a 
person has agreed to deliver, would not exempt him 
from liability in damages for the non-performance of 
his contract. 

12. Illegal Contracts — An agreement to do a thing 
that the law makes unlawful, such as to commit a 



CONTRACTS 217 

crime, cannot be enforced, nor any promise made in 
consideration of snch a contract. For this reason bets 
cannot be enforced in law, for betting and gaming are 
forbidden. But if a forbidden contract has been car- 
ried out, the law will not set it aside : it will not aid 
one wrong-doer as against another. 

13. Written Contracts — Any agreement is a con- 
tract and may be put in writing. * But there are 
certain agreements to which a person cannot be held 
against his will unless they are in writing and signed 
by him. The two principal classes are, a contract for 
the sale of real estate or any interest therein (deeds? 
leases,t etc.), and a contract for the sale of any per- 
sonal property over a certain amount in value (pages 
229, 249). Others are, an agreement to pay the debt 
of another, an agreement of an executor to pay the 
debt of an estate out of his own property, and any 
contract not to be performed within one year. Such 
transactions are important ones usually, and the evi- 
dence of them should be something less open to mis- 
take than spoken words. 

14. Limitations — But though a contract might 
conform to all the requirements, it nevertheless could 
not be enforced unless an action were brought for the 
purpose within a particular time after it was made. 
This time varies, according to the nature of the action 
brought, from five or six years, as in the ordinary 
cases of debt, to twenty or thirty years, as in the case 



* When a contract is in writing neither party is allowed to prove 
that the real intention was different. The parties have put it in 
writing in order that it might be the best evidence of what the inten- 
tion was. 

f Except iu many States certain short leases (page 255). 



218 MUNICIPAL LAW 

of land. Different States, too, have different periods 
for the same thing. 

15. Remedies — Where a contract is broken by one 
of the parties, the preventive remedies which the law 
gives to the other party are of two kinds : in cases 
where the wrong is not a single act but continuous, 
the court may order the wrong-doer to stop, as where 
one has agreed not to build a house on a particular 
spot but commences to do so ; in certain kinds of cases 
the court may order one to fulfil his contract, or im- 
prison him if he will not, as to sign a deed that he has 
agreed to give. But the compensatory remedy applies 
in nearly all cases, even in those where the others also 
apply. This remedy is to compel the party in the 
wrong to pay the party wronged so much money, 
called damages. 

CHAPTER XLVI 

MARRIAGE 

1. Its Nature — Marriage is a contract. But it is 
also more than a contract or agreement : it is a per- 
manent change of status, of condition. The rights of 
the parties toward each other are radically changed 
by marriage. This change was still greater in former 
generations than it now is. Being so important an 
act, the law does not allow it when either party is 
under a certain age, called the age of consent, because 
the person under that age is presumed to be too young 
to know what it really is that he or she is consenting 
to. Consent without knowledge of what is consented 
to is not real consent. In this chapter we are con- 
sidering solely the contract of marriage, that is, mar- 



CONTRACTS 211) 

riage itself, which must not be confounded with the 
contract to marry at some future time, commonly 
called engagement. 

2. Relationship — Marriages between parties nearly 
related are forbidden, and if contracted are, in gen- 
eral, void. The laws of the States differ as to the 
degree of relationship at which persons may not 
marry. The most common rule is that first cousins 
may, but any more nearly related may not. Thus a 
marriage between uncle and niece is void. 

3. Lunacy : Force : Fraud — As in all other con- 
tracts, to make a marriage binding the parties must 
act freely, and must have sufficient intelligence to 
know what they are doing. If one is forced to marry 
by threats or other means, the marriage may be de- 
clared void if the party forced so desires. So the 
lunatic or idiot, or some one representing him or her, 
may have the marriage declared void. In those cases 
the other party cannot complain, and the marriage is 
binding if the forced or incapable person desires it to 
be.* But if one is deceived into marrying a lunatic, 
that is fraud, and it entitles him to have the marriage 
annulled. So, also, if a party marries one, thinking it 
is another. In all these cases there is no real consent, 
and hence no contract. 

4. Ceremony — There is usually no definite form 
which must be followed in the performance of mar- 
riage, and no particular words which the parties must 
use. The only essential part is that they acknowledge, 
in seriousness and in some appropriate manner, that 
they marry each other. It is always prudent, if not 
necessary, that this should be done in the presence of 

* See page 216, sec. 10. 



220 MUNICIPAL LAW 

a number of witnesses, for otherwise there might be 
no one to prove the marriage. The laws of many 
States provide that the ceremony must be performed 
by a clergyman, or some judicial or other officer. 
Any one who saw a marriage performed may prove it 
in court. 

5. Bigamy — This is marriage with a second, while 
still possessing a first, husband or wife. Not only is 
it a crime for which one may be punished, but such 
second marriage is null and void. It has no effect on 
the first marriage. Polygamy is marriage with more 
than two. In such case all marriages but the first are 
void. The polygamy practised by the Mormons in 
Utah is contrary to the laws of the United States. 

6. The Wife's Property — By the common law the 
property which a woman owned became her husband's 
on marriage. Her personal property became his abso- 
lutely, and he might use and dispose of it as he pleased. 
Her real estate he could not dispose of, but had the 
right to use it while they both lived. It will be seen 
how dependent on her husband she became. This was 
the rule once, but one part of it after another has been 
changed, until at present in most States the wife re- 
tains the use and right of disposal of all her property, 
both real and personal, as though she were single. 

7. Dower — Such were the rights he gained in her 
property. But by the common law she obtained a 
certain right in his property, but only his real estate. 
This right, called dower, is the right of the wife upon 
the death of her husband to have set apart, for her 
own use during her life, one third part of all the real 
estate which the husband possessed at any time during 

During his life she could not claim it, but 



CONTRACTS 221 

might on his death, though he had sold the land. 
This right still exists in most of the States. This is 
the reason why a wife must join with her husband in 
signing a deed (see page 250). Its object is to prevent 
a husband leaving his wife destitute. 

8. Support — The husband is bound to maintain his 
wife, and is liable for debts which she may contract 
for necessaries, but for nothing more. If he refuses 
to provide for her wants, or if, through other ill-treat- 
ment or fault on his part, they become separate, he 
is liable to fulfil her contracts for necessaries, even 
though he has forbidden persons to trust her. If she 
leaves him by her own fault, or if they part by con- 
sent, and he secures to her a separate maintenance, 
and pays it according to agreement, he is not liable 
even for necessaries. 

i). Divorce — No length of separation while both 
parties live, nor any consent, can dissolve the marriage 
contract. The only way to dissolve it is by a decree 
of a court granting a divorce. The most common 
cause for which this may be obtained is adultery, but 
some States allow it for other causes, such as desertion, 
cruelty, drunkenness. After the divorce the innocent 
party is at liberty to marry again. The guilty party 
may not by the laws of some States.* 

* Limited divorces are also granted sometimes, but these do not 
permit either party to marry again. 

A divorce proper must be distinguished from that judgment of a 
court which annuls a marriage on the ground of force, fraud, incapa- 
city, or want of age. The latter kind of decree, though often called 
a divorce, decides that there never was any legal marriage, for some 
cause existing prior to the supposed marriage ; a divorce proper dis- 
solves a binding legal marriage for some cause arising after it. 



222 MUNICIPAL LAW 

CHAPTER XLVII 

PRINCIPAL AND AGENT 

1. Nature of Agency — An agent is a person author- 
ized to act with third parties on behalf of and in the 
name of another, who is called the principal. This is 
one of the most common and necessary relations of 
life, and exists with regard to all kinds of subjects. 
Every clerk, employe, or laborer is the agent of the 
person or corporation that employs him, so far as what 
he does is in connection with third parties. All bro- 
kers and officers of corporations act almost wholly as 
agents in their business. So, also, do lawyers, auction- 
eers, masters of ships, etc. 

2. Act of Agent — The fundamental rule of agency 
is that a principal is bound by the acts of his agent, as 
if they were his own acts, so long as the agent keeps 
within the authority granted him. If that authority 
is exceeded the principal is not bound, unless he after- 
ward ratify the act.* 

3. Wrong* Committed by Agent — This power of 
an agent to bind his principal extends not only to the 
making of contracts or other business acts, but even 
to the committing of personal injuries, if they are 
committed in connection with the business : thus, if 
the engineer of a railroad train through negligence 
injures any person or property, the company is respon- 

* If in any case an agent appears to have a general authority, 
which is really limited by private instructions, the principal is re- 
sponsible for any act which comes within the apparent authority, 
though it may not be within the real authority. 



CONTRA CTS 223 

sible. But the wrong must have been committed in 
connection with the business in which the agent is em- 
ployed. If there is no connection between the act and 
the employment, it is only the personal act of the 
agent, and he alone is liable. 

4. Duty to Principal — The relation between the 
agent and principal alone is one of contract, the agree- 
ment being on the agent's part that he will act as the 
principal directs, with care, skill, and diligence. There- 
fore an agent is bound, in general, to observe the in- 
structions of his principal, even though an act contrary 
to such instructions should be intended, and really be, 
for the benefit of the principal. The agent must bear, 
personally, all losses growing out of a non-compliance 
with his orders; and the profit accruing therefrom 
goes to the benefit of the principal. When an agent 
receives no instructions, he must conform to the usage 
of trade or to the custom applicable to the particular 
agency. 

5. Liability to Third Parties — When an agent is 
duly authorized to do an act— not unlawful in itself, 
such as a crime or misdemeanor — he is not responsible 
to third parties (i.e., those with whom he deals) for 
that act. The principal alone is bound, for he is the 
one who derives the benefit. But there are three prin- 
cipal cases in which an agent acting for another makes 
himself liable: (1) where he exceeds his authority;* 
(2) where he professes to act as agent, but does not 
disclose his principal ; and (3) where he is really acting 
as agent, but professes to be acting for himself. The 
rule is general that if an agent fails to bind his princi- 

* But if the third party knows .that the agent has no authority, the 
agent is not bound. No one is. 



224 MUNICIPAL LAW 

pal he binds himself. In the second and third cases, 
where the principal is not known, the agent is bound, 
because otherwise the party with whom he deals might 
have no one that he could hold responsible to him : 
but in such cases he may hold the principal also, if he 
is discovered, for one cannot take the benefit of an act 
without being bound by it. 

6. Commission Merchants — This class of agents is 
quite large in cities. A commission merchant is one 
who sells for another the goods manufactured or 
raised by the latter, for a compensation, usually a 
percentage on the price (called a commission). Very 
often they sell without disclosing the name of their 
principals. All the appropriate rules of agency apply 
to them, as to personal liability or non-liability, care, 
skill, etc. 

7. Lien — Though the goods which a commission 
merchant sells belong to some one else, he has a lien 
upon them for any advances he has made to the 
owner, * and for his expenses and commissions. A 
lien on personal property is a right to hold it against 
the owner ; that is, the owner cannot take the goods 
away without refunding the money received and pay- 
ing any charge due. Even though the owner should 
order him not to sell, the commission merchant may 
sell in order to satisfy his claim, paying over the sur- 
plus, if any, to the owner. There are also other kinds 
of liens on property (see pages 229, 242, 245). 

8. Brokers — These form another common class of 
agents. A broker is an agent employed chiefly to 
negotiate sales between parties. His business may 

* It is very common for the commission merchant to advance a 
portion of the price to the owner, before sale. 



COXTRACTS 225 

consist in negotiating exchanges ; or in buying and 
selling stocks, goods, ships, or cargoes ; or in procur- 
ing insurances and settling losses, etc. ; and as he con- 
fines himself to one or the other of these branches, 
he is called an exchange broker, stock broker, insur- 
ance broker, etc. A broker differs from a commission 
merchant in that the former has not the custody of 
the goods of his principal. He is merely empowered 
to effect the contract of sale ; and when this is done 
his agency ends. As to his principal he must carry 
out his agreement ; i.e., must do what he agrees with 
skill, care, and promptness. As to others he is sub- 
ject to all the rules of agency. 

CHAPTER XLVIII 

PARTNERSHIP 

1. Definition — A partnership is an association 
formed by contract between two or more persons for 
joining their money, labor, or skill, in lawful business, 
the profits to be divided and the loss to be borne by 
the partners in certain proportions. It is a partner- 
ship if one furnishes the funds and the other performs 
the labor ; or if, when no money is necessary, each 
agrees to do his share of the labor. A partnership is 
often denominated a firm, or house, It is very often 
formed by written articles of partnership, but it may 
be formed by an oral agreement. 

2. Act of One Partner — The great rule of partner- 
ship is that the act of one partner binds all. In mat- 
ters pertaining to the business of the firm, each part- 
ner is the agent of the firm ; so that if one buys or 

15 



226 MUNICIPAL LAW 

sells for the firm, all are bound. Not only the prop- 
erty owned by the firm and used in the business, but 
also the private property of each partner, is liable for 
the debts of the firm. But this authority of each 
partner to act for the partnership extends only to the 
business in which they are engaged ; if one acts in the 
name of the firm in any other matter, he is an agent 
without authority, and therefore binds only himself 
(page 223, sec. 5). 

3. Secret Partner — One who should conceal his 
name so as not to be known as a partner when the 
debt is contracted, may be sued when discovered to be 
such. This is the case of an undisclosed principal 
(page 223). 

4. Transfer of Interest — A partner cannot sell his 
interest to another person, who is to take his place in 
the partnership, without the consent of all the part- 
ners. The power of a partner is so great that each 
one ought to have the right in the beginning to say 
who shall exercise this right for him. Whenever a 
new member is taken in, or an old member retires, it 
is really the formation of a new firm. 

5. Duration — The contract of partnership may be 
for any specified time, or no particular time may be 
specified. In the former case it cannot be dissolved 
before the time expires, except by a court for some 
misconduct on the part of one partner, or for his 
insanity or other inability. In the latter case, where 
no time is fixed, any partner may at will dissolve the 
partnership. The death of one partner dissolves it. 

6. Notice of Dissolution — When a partnership is 
dissolved by the withdrawal of any of the partners, 
notice of dissolution must be given, for a firm may be 



CONTRACTS 227 

bound by a contract made by one partner, in the usual 
course of business and in the name of the firm, with 
the person who contracted on the faith of the partner- 
ship, and who had no notice of the dissolution.* The 
same notice is necessary to protect a retiring partner 
from continued responsibility. And even if due notice 
is given, yet, if he willingly suffers his name to con- 
tinue in the firm or in the title of the firm over the 
door of the shop or store, he may in certain cases be 
liable. 

7. Limited Partnership — In some of the States, a 
partnership may be formed by a number of persons, 
some of whom are to be responsible only to a limited 
amount ; and their names are not to be used in the 
firm. Before a partnership of this kind can do busi- 
ness, a writing and certificate signed by the parties 
stating the terms of partnership and the amount for 
which the special partners (as they are called) are to 
be responsible must be recorded. The terms of part- 
nership must also be published in a newspaper. In 
these limited partnerships, as they are termed, the 
special partners are liable only to the amount stated 
in the terms of partnership. The other partners, called 
general partners, whose names only are used, and w^ho 
transact the business, are liable for all the debts con- 
tracted, as in ordinary partnerships. 

8. Rights as to Each Other — So far we have treated 
only of the rights of partners as to third parties. As 
to each other they have just such rights as they may 
agree upon. It is wholly a matter of contract. Thus 

* Actual notice must be given to those dealing regularly with the 
firm, but as to the rest of the world a publication in some newspaper 
is sufficient. 



228 MUNICIPAL LAW 

a partner may sell an article to a third person when 
he has not the right to do it as to his partners, because 
he has agreed with them not to do so. In partner- 
ships containing more than two, a majority usually has 
the right to decide all questions. 



CHAPTER XLIX 

SALES OF PERSONAL PROPERTY 

1. Definition of Sale — A sale is a contract by 
which the ownership (called the title) of certain prop- 
erty is transferred from one person to another for a 
certain price : the exchange of a commodity for its 
equivalent in money. The exchange of one commod- 
ity for another is barter. The same general principles 
of law which apply to contracts in general are appli- 
cable to contracts of sale ; viz., the competency of the 
parties to contract ; the assent of the parties ; the ab- 
sence of fraud ; the sufficiency of the consideration ; 
its possibility and legality. 

2. Existence of Property — A thing cannot be sold 
unless it exists. Thus, if A sells a horse or certain 
goods to B, and if, at the time of the sale, the horse is 
dead or the goods are destroyed, the sale is void.* 

3. Agreement to Sell — But a person may agree to 
sell at some future time an article not now in exist- 
ence or which he does not own, for he may manufac- 
ture or buy it. Such an agreement is subject to all 

* But one may sell that which is the expected product or increase 
of something to which the seller has a present right. Thus, a man 
may sell the wool that may grow on his sheep, the fruit that may 
grow on his trees, or the future increase of his cattle. 



CONTRACTS 



229 



the ordinary rules of contracts. It is an executory 
contract ; while a sale is an executed contract. 

4. Delivery — To constitute a valid sale, as between 
the seller and buyer, it is not necessary that the arti- 
cles should be delivered. By the contract alone— if it 
is valid in other respects, such as being without fraud, 
or in writing if necessary— they become the buyer's 
property, and it is his loss if they are destroyed before 
delivery. Sale and delivery are thus two separate 
acts. In case of barter, however, the delivery must be 
made before the ownership will change. 

5. Written Contract — In certain cases some mem- 
orandum in writing of the terms of the sale must be 
signed by the party to be charged, or his authorized 
agent, or he can repudiate the sale. These cases are 
any sales of personal property over a certain amount 
in value, varying in the different States from $30 
to $200. No writing is necessary when the goods 
are under the fixed amount in value ; and even when 
over that amount it is not necessary if there is (1) a 
delivery and acceptance by the buyer of some part of 
the goods sold, or (2) a payment of any part of the price. 

6. Lien— When nothing is said at the sale as to the 
time of delivery or the time of payment, the buyer is 
entitled to the goods on payment or tender of the 
price, and not otherwise ; for though he acquires the 
right of property by the contract of sale, he does not 
acquire the right of possession until he pays or ten- 
ders the price. This right of the seller to hold the 
goods until paid is called his lien. But if the seller 
delivers the goods absolutely, and without fraudulent 
contrivance on the part of the buyer, he loses his lien. 
All he then has is the right to sue the buyer for the 



230 MUNICIPAL LAW 

price. But when goods are sold on credit and nothing 
is said as to the time of delivery, the buyer is imme- 
diately entitled to the possession. 

7. Sale without Title — Where one professes to sell 
what he does not own, no ownership passes, even 
though he has it in possession and the buyer has no 
suspicion that it is not his. The true owner can claim 
the property at any time. This is so whether the 
article was lost or stolen from him. 

8. Exception — Money and what is called negotiable 
paper * form an exception to this rule. If they are 
sold or transferred, even by a thief, to one who gives 
good consideration for them, and has no reason to sus- 
pect they do not belong to the one professing to own 
them, they belong to the buyer, and the true owner 
loses them. 

9. Warranty of Title — In the sale of personal prop- 
erty, if the seller has possession of the article and sells 
it as his own, he is understood to warrant the title • 
that is, he in effect agrees to reimburse the buyer if 
some third person proves the article to be his. This 
agreement is implied whether anything is said about 
it or not. But if the possession is at the time in another, 
and there is no express covenant or warranty of title, 
the party buys at his peril, and cannot look to the seller 
for reimbursement. If, however, the seller affirms that 
the property is his own, he warrants the title, though 
it is not in his possession. 

* "Negotiable paper" includes bank-bills, bonds of the National 
or State Governments, of cities, railroads, etc., when payable to 
bearer, stock certificates with blank powers of attorney attached, 
promissory notes and bills indorsed in blank or payable to bearer, 
and some other securities. 



CONTRACTS 231 

10. Quality — With regard to the quality of the 
thing, the seller is not bound to make good any defi- 
ciency, unless he expressly warranted the goods to be 
of a certain quality, or unless he made a fraudulent 
representation or concealment concerning them. The 
rule is, if there is no express warranty by the seller, 
nor fraud on his part, and if the article is equally 
open to the inspection of both parties, the buyer who 
examines the article for himself must abide by all 
losses arising from its not being what he wanted or 
expected. 

CHAPTER L 

GIFTS : FRAUDULENT TRANSFERS 

1. Gifts— In general a person may, if he wishes, 
give away any or all of his property to any one, with- 
out receiving anything in return. But delivery is 
necessary to a gift. When delivered, the gift cannot 
be revoked by the giver, but a mere promise to give 
cannot, we have seen, be enforced (page 215). There 
is one exception to this rule : a gift made in anticipation 
of the death of the giver may be revoked by him at 
any time before death. 

2. Creditors' Rights — But if a man is insolvent, or 
is in such embarrassed circumstances that he is likely 
soon to become insolvent, he is not allowed to give 
away any of his property. His creditors have a right 
to have it applied to the payment of their debts. If 
the creditors do not complain, the gift remains irrev- 
ocable. 

3. Delivery of Personal Property — We have seen 
that delivery is not necessary to a valid sale as between 



232 MUNICIPAL LAW 

/ 

the buyer and seller (page 229). But when it is not deliv- 
ered, this gives the seller an opportunity to defraud by 
selling it over again, or to deceive his creditors by pre- 
tending he has sold or mortgaged it when he really has 
not. For this reason, the law in some States provides 
that a sale or mortgage of personal property without 
delivery shall be void as against creditors and subse- 
quent purchasers ; that is, the creditor or second pur- 
chaser can take it in spite of the first sale. 

4. Chattel Mortgages *— Persons very often wish 
to borrow money, and mortgage some personal prop- 
erty for its payment and yet retain and use the prop- 
erty. This, however, would be impossible if the rule 
given in section 3 were absolute. Provision is there- 
fore made in many States by which these mortgages 
may be recorded in the town or county clerk's office, 
and when so recorded the mortgage is valid against 
any one, though the property is left with the owner. 

5. Transfers to Creditors — A debtor may transfer 
his property to a creditor in payment of his debt, even 
though it leaves other debts unpaid. It is also a very 
common occurrence for a person in failing circum- 
stances to assign all his property, in trust, to one or 
more persons, who are to dispose of it, and to apply 
the avails to the payment of his creditors, or a part of 
them. He may in such assignment direct that certain 
ones shall be paid first. But such an assignment does 
not release the debtor from his debts, unless the prop- 
erty is sufficient to pay them in full. 

6. Releases — It is also common for creditors to 
release their debtor on payment of a part of the debt. 
Such release is valid if signed and sealed. When 

* Chattel means personal property. 



CONTRACTS 233 

a debtor agrees to pay his creditors a certain propor- 
tion of their claims in consideration of a discharge of 
their demands, if he privately agrees to give a better 
or further security to one than to othjers, the contract 
is void as to all ; because the condition upon which 
they agree to discharge the debtor is that they shall 
share equally. 

CHAPTER LI 

PROMISSORY NOTES AND BILLS OF EXCHANGE 

a. Notes 

1. A Promissory Note is a written promise to pay a 
specified sum of money at a certain time, to a person 
named, or to his order, or to the bearer. The follow- 
ing is a common form : 

$100. New York, May 28, 1895. 

Three months after date, I promise to pay to James 
Smith & Co., or order, one hundred dollars, value 
received. John Brown. 

In such a note, Brown is the maker, and Smith & 
Co. the payees. The words " value received " have 
generally little legal force. 

h. Bills 

2. A Bill of Exchange * (called also a draft) is a 
written order or request by one person to another to 
pay a third person a certain sum of money. The fol- 
lowing is a common form : 

* In this chapter we shall call it a Mil. 



234 MUNICIPAL LAW 

$1,000. New York, May 28, 18P5. 

Twenty days after date (or at sight, or tec clays 
after sight), pay to the order of James Smith & Co. 
one thousand dollars, value received ; 
and charge the same to account of Thomas Jones. 

To John Brown, 

New Orleans, La. 

In such a bill, Jones is the drawer, Smith & Co. the 
payees, and Brown the drawee. After acceptance, the 
drawee is called the acceptor. 

3. Use of Bills — Bills are of very great convenience 
in commerce. Suppose Jones, of New York, owes 
Smith & Co., of New Orleans, $1,000; and that 
Brown, of New Orleans, owes Jones $1,000. If Jones 
sends Smith & Co. an order upon Brown to pay $1,000 
to them, both debts are cancelled, and the trouble and 
danger of sending the money is avoided. Smith & 
Co. may transfer the bill to any one before payment, 
in which case they become indorsers (see section 7). 

4. Acceptance — The bill is presented to the drawee 
before it becomes due. If, when presented, he agrees 
to pay it when due, he is said to accept the bill, and 
writes his acceptance upon it. An acceptance may, 
however, be oral. A drawee is under no obligation to 
the payee to accept, but, having accepted, he becomes 
the principal debtor ; and the drawer becomes a surety ; 
that is, he agrees to pay if the acceptor does not. The 
acceptor is bound, though he accepted without consid- 
eration and for the sole accommodation of the drawer. 

5. Non- Acceptance — If the drawee refuses to ac- 
cept, the indorsers become liable to the holder and to 
each other in their order for the amount of the bill, as 



CONTRACTS 235 

described in section 14, provided notice of the non- 
acceptance is sent them, as described in section 16. 
So, also, if the bill is not paid when due they become 
liable in the same way, if notice is sent. 

6. Check — A check upon a bank is a bill of ex- 
change, and is subject to all the appropriate rules. It 
is usually payable on demand, and has no days of 
grace. 

c. Rules applicable to both 

7. Indorsement — A note or bill payable to bearer 
may be transferred by delivery without any writing ; 
but when payable to the order of any one, it is usually 
transferred by the one to whose order it is made writ- 
ing his name at the time of delivery across the back. 
This is called indorsement. The indorsement is con- 
sidered as the order of the payee to the maker or ac- 
ceptor to pay it to some other person. A bill may be 
indorsed before or after acceptance. Where the name 
simply is written across the back it is called a blank 
indorsement, and it may thereafter be transferred from 
one to another by delivery, the game as one payable to 
bearer. Or the payee may order it paid to any par- 
ticular person. Such person may in turn make it pay- 
able to bearer by indorsing in blank, or may make it 
payable to any particular person. He thus becomes 
the second indorser, the payee being the first. In case 
of a bill the drawer is a surety to both. The person 
in whose hands it is when due collects it.* 

*The advantage of making notes, checks, and bills payable to 
order is that no one but the one to whose order they are payable can 
collect, and if lost the owner suffers no loss. It is otherwise with 
those payable to bearer or indorsed in blank (see sec. 9). 



236 MUNICIPAL LAW 

8. Notes and Bills are Contracts, and therefore as 
between the original parties (in a note the maker and 
payee, in a bill the acceptor and payee) they must con- 
form to all the rules governing contracts, as to con- 
sideration, legality, etc. (Chap. XLV.). Thus if — in 
above note — Brown had received nothing for it from 
Smith & Co., but he had given it to them in order 
that they might sell it to some one else and thus raise 
money, they could not sue him upon it.* So, also, if 
he had any claim against them, he could offset it 
against the note. But as soon as Smith & Co. indorse 
the note or bill and sell it to some one else, it is no 
longer subject to those rules, as will be explained in 
the following section. 

9. Negotiability: — When a note or bill has been 
thus transferred, before it is due, to some one who 
gives money or other consideration for it, and who 
has no knowledge of how it originated, such an owner 
may collect it from the maker or acceptor, although 
the payee could not. Thus the maker or acceptor can- 
not plead that he received no consideration for it, nor 
that it has been paid, though those matters should be 
true. He cannot offset against it any demand he has 
against one who did own it. In case of a note or bill 
payable to bearer or indorsed in blank, even though it 
had been stolen from an owner, a person receiving it 
in good faith could collect it, and the real owner could 
not. This is an exception to the rule that the true 
owner of stolen property is entitled to it wherever he 
finds it (see page 230). Hence, notes and bills are 
called negotiable paper. But if the holder has knowl- 



Such notes are quite common, called accommodation ?wtes. 



CONTRACTS 



237 



edge of any of these defects, or if he has reason to 
suspect their existence, he cannot sue the maker or 
acceptor on it. 

10. Reason for It— The reason for this difference 
between negotiable paper and other contracts is its 
common use, and the facility with which it passes 
from one to another. Its use in commercial transac- 
tions is of great public convenience, one note some- 
times passing through five or six hands; and it is 
proper that, for the sake of trade, protection should 
be given to the holder of such paper who receives it 
fairly in the way of business. But it could not be so 
used if each holder had to take the risk of there beino- 
some defence to it of which he could know nothino\ 
But it is also proper to refuse aid to one who takes it 
with knowledge of its defects. 

11. Transfer after Maturity— After falling due a 
note or bill is no longer negotiable. If transferred 
after maturity, the maker or acceptor may make any 
defence to it he could have made as against the person 
who owned it at maturity. For instance : in case of a 
note, if the payee owned it when due and there was 
no consideration for it originally, the maker need not 
pay it. But if the one who owns it when due can col- 
lect it, any one to whom he transfers it can also. The 
general rule is that one can always convey the rights 
he has. A transfer of negotiable paper before matu- 
rity is peculiar, in that it may convey rights that the 
person transferring did not have. 

12. Time of Payment : Interest— Notes and bills 
payable on demand, or in which no time of payment 
is mentioned, are due immediately, and no demand 
of payment is necessary. But a note payable at sight, 



238 MUNICIPAL LAW 

or at a specified time after sight, must be presented 
for payment before it can be sued. If the words " with 
interest " are omitted, interest commences at the time 
the note or bill becomes due. If payable on demand, 
it will draw interest from the time when payment is 
demanded. 

13. Days of Grace — Notes and bills payable by 
their terms on a certain day are not really due until 
the third day thereafter. Those three days are called 
days of grace. If the last day of grace falls on Sun- 
day or a legal holiday, it is due the day before. 

14. Indorsee's Liability — Indorsement is a contract. 
Whenever a person to whom a note or bill is made 
payable, or one to whom it has been indorsed, writes 
his name on the back and transfers it to another, he 
contracts with that other and with all future holders 
that if the maker or acceptor does not pay it when 
due, he will. Therefore the holder of an unpaid note 
may sue not only the maker or acceptor, but every 
indorser whose name is on the back when he takes it. 
In case of an accepted bill the holder may sue the 
acceptor, the indorsers, and drawer. In case of a non- 
accepted bill he may sue the indorsers and drawer. 
If an indorser pays it, he may sue any indorser prior 
to him, besides the maker, and in case of a bill the 
acceptor and drawer. One who transfers a note or 
bill, payable to bearer or indorsed in blank, is not 
liable to any one on it. 

15. Demand of Payment — The maker of a note or 
acceptor of a bill may be sued at any time after matu- 
rity, whether payment was demanded or not. But to 
hold the indorsers of a note, or the indorsers and 
drawer of an accepted bill, responsible, payment must 



CONTRACTS 239 

be demanded of the maker or acceptor on the last day 
of grace. 

16. Notice to Indorser — If the maker or acceptor 
does not pay on that day, notice of that fact must 
be given to the indorsers and drawer to hold them ; 
and the whole of the next day is allowed in which to 
send the notice. But the holder need only notify such 
as he chooses to hold liable to him, in which case if the 
indorser notified wishes to hold prior ones liable to 
him, he must himself send them notices, which he has 
another day to do. If the holder notifies all (the 
usual course), they are liable in their order to each 
other.* It is not necessary that the notice should 
reach the party for whom it is intended, but simply 
that it should be left at his residence if the parties live 
in the same town, or sent by mail if they do not. 

17. Forged Paper — If a note or bill is forged, no 
one can gain any right upon it against the one whose 
name is forged. So if an indorsement is forged, it 
conveys no right, or if the amount is raised by forgery. 
This is so, although a person should buy it in good 
faith believing it genuine. Negotiability only applies 
to true instruments. On the same principle, in those 
States where a usurious contract is wholly void, a 
usurious note or bill is void in the hands of every 
one. 

* The object of the notice is to give the indorser the earliest op- 
portunity to secure himself against loss. 



240 MUNICIPAL LAW 

CHAPTER LII 

SERVICES 

1. Kinds of Service — A very common class of con- 
tracts is that where one party undertakes to perform 
some labor or service for another. The services of 
doctors, lawyers, editors, the different kinds of manu- 
facturers and mechanics, such as carpenters, painters, 
tailors, etc., belong to this class. Very often there is 
no express agreement to pay ? but a request for the 
labor is sufficient, and a contract to pay a reasonable 
price for it is implied. 

2. Ordinary Skill— By undertaking to render such 
services a person represents that he has the ordinary 
skill and knowledge necessary in the trade or profes- 
sion, and if he has not he can recover nothing for his 
labor, and is liable for all damage done. Thus a doc- 
tor who injures one through neglect or want of skill 
or knowledge is answerable for all damage. 

3. Care of Property — -When the property of one 
person comes into the hands of another, for safe-keep- 
ing, repair, or other purpose, he must take such care 
of it as an ordinarily careful man does of his own 
property. The degree of care must be in proportion 
to the advantage he is to derive from it. Thus a bor- 
rower, who pays nothing for its use, must exercise the 
greatest care ; ordinary care is required of one who 
expends labor on it and receives an equivalent, or of a 
hirer, or of one who takes it as a pledge for debt ; 
slight care is sufficient when the party having it de- 
rives no advantage. In all these cases, if the property 



CONTRACTS 241 

is lost or injured, but through no fault of the person 
having it, it is the owner's loss. 

4. Hotel-Keepers are obliged to take all who apply 
to them for lodging or board and offer to pay their 
regular price. They are in general responsible for all 
injuries to the goods and baggage of their guests, even 
for thefts. But for loss caused by unavoidable acci- 
dent, or by superior force, as robbery, they are not 
liable. They have a lien upon the baggage of their 
guests for the payment of their charges. 

5. Common Carriers are those who transport goods 
for hire as a common business, whether by land or 
by water. All railroad, steamboat, express, and stage 
companies are common carriers. They are bound to 
receive, from any person paying or tendering the 
freight charges, such goods as they are accustomed to 
carry and as are offered for the place to which they 
carry. But they may refuse to receive them if full, or 
if they are dangerous to be carried. 

6. The Responsibility of common carriers is greater 
than that of others who receive property not their own 
for some purpose, such as mechanics, manufacturers, 
depositaries, etc. The latter we have seen are not 
responsible for the loss or injury of the property, 
except when it occurs through some degree of neglect 
on their part ; but the common carrier is responsible 
in all cases, Avhether negligent or not. lie is, in effect, 
an insurer of the goods against any loss or injury. 
But if it occurs through some great event which could 
not have been anticipated, like an inundation, war, 
etc., he is not liable, 

7. As to Passengers the responsibility of common 
carriers is not so great. They are only liable for 

16 



242 MUNICIPAL LAW 

injuries which occur through the want of skill, knowl- 
edge, or care, of themselves or their agents. 

8. Lien — Where the personal property of one comes 
into the hands of another, for the performance of some 
labor in connection with it, the latter has a lien upon 
it for his services ; that is, he may retain it until paid. 
Thus a carriage-maker has a lien upon the carriage he 
has repaired ; a blacksmith upon the horse he has shod ; 
and a common carrier upon the goods he has trans- 
ported. They have also the right to enforce the con- 
tract by suit. But if they allow the property to go 
out of their possession they lose the lien. 

CHAPTER LIII 

INSURANCE 

1. Kinds — Contracts of insurance are of three kinds, 
fire, marine, and life insurance, and are usually in writ- 
ing. They are called policies, and are generally issued 
by an incorporated company, in return for a fixed 
yearly payment, called a premium. Being merely con- 
tracts, they are subject to all the ordinary rules gov- 
erning contracts. As a rule, the premium must be 
paid on the day when due, or the insurance ceases. 
We will refer only to a few points in which they are 
peculiar. 

2. Fire — A contract of fire insurance is an agree- 
ment to pay for the loss or injury by fire of certain 
property, real or personal, during a certain period. 
This includes all damage done to the property not 
only by the fire itself, but also in consequence of a 
fire. Thus, if it be injured by water used to put out 



CONTRACTS 243 

the fire, even though it is not in the same building, the 
insurers are liable. The policy usually names a certain 
amount, and the company is liable for all damage up 
to that amount. But the owner must do all he can to 
save the property. 

3. Marine — A contract of marine insurance is an 
agreement to pay for the loss or injury of a vessel, or 
the goods carried in it, through shipwreck, fire, piracy, 
or other peril of the sea. Sometimes the property 
insured is named as of a certain value, in which case 
neither party, in case of loss, can prove it to be other- 
wise. Marine is different from fire insurance in this 
particular, that if the vessel or cargo is damaged to 
at least one-half its value, the owner may give up what 
remains to the company and claim a total loss. This 
is called abandonment. In fire insurance this cannot 
be done except by special agreement. 

4. Life — A contract of life insurance is an agree- 
ment to pay a certain person a certain sum of money 
at the death of another, or when the latter reaches 
a certain age. Very often a husband is said to insure 
his life by a policy payable to his wife, but in reality 
in such case the contract is between the company and 
the wife. So one may insure his life in his own favor, 
in which case the policy is payable to his legal repre- 
sentatives. 

5. Interest — The person with whom the company 
contracts must have some ownership or interest in the 
subject of insurance. Thus, in fire and marine insur- 
ance, if any one but an owner, mortgagee, or other 
person having claim upon the property makes such a 
contract, it is void, being merely a wager, and all wag- 
ering contracts being illegal. So, in life insurance, 



244 MUNICIPAL LAW 

the person to whom the money is to be paid mnst be 
dependent in some way for support upon the one at 
whose death it is to be paid, or must be a creditor, in 
order to have an insurable interest. 

6. Several Policies are often issued by different com- 
panies covering the same property. In fire insurance 
they usually bear only a ratable proportion of the loss. 
In marine insurance it is often provided in the policy 
that the company shall only be liable for such portion 
of the loss as prior insurance does not satisfy. 

7. Representations made at the time the insurance 
is taken, if known to be false, make the contract void. 
This is a general rule of contracts, but is unusually 
important in insurance. In marine insurance there is 
always a warranty, implied if not expressed, that the 
vessel insured, or on which the insured goods are 
shipped, is seaworthy ; that is, able to withstand the 
ordinary dangers of the sea. 



CHAPTER LIV 

SHIPPING 

1. In General — The rules of law applicable to ship- 
ping are in many respects the same as those governing 
other subjects ; namely, the ordinary rules of contracts, 
sales, agency, etc. But the property and the situation 
in which it is placed are often peculiar, from which 
peculiar rules arise. A few of these we will speak of. 

2. Loss of Goods — The responsibility of carriers by 
sea for loss or injury of the goods is not so great as 
that of inland common carriers. They are not liable 
when it is caused by some extraordinary peril of the 



CONTRACTS 245 

sea, as a violent storm, fire, piracy, etc. ; but if caused 
by the unseaworthiness of the vessel, want of equip- 
ment, or through some fault of those navigating it, 
they are liable. 

3. Lien — This is a common right in connection with 
a vessel. The carrier has a lien on the goods he trans- 
ports for his freight ; the owner of the goods has a 
lien upon the vessel for any claim he has for breach of 
the contract, loss of the goods, etc. ; the seamen have a 
lien on the vessel for their wages ; and any person who 
furnishes work or materials in the repairing or equip- 
ment of a foreign vessel has a lien upon it for what is 
due. This lien is a right to have the vessel sold, if 
necessary, to satisfy the claim. It is not like the 
common law lien, which is a right to retain property 
(page 242). 

4. A Bill of Lading- is a document delivered by the 
master (or owners) of a vessel to one shipping goods 
upon it, acknowledging their receipt for transporta- 
tion. The person shipping the goods sends this to the 
one to whom they are sent. The latter may transfer 
it to another, indorsing it either in blank or to some 
particular person, as in notes and bills (page 235). 
This transfers the ownership of the goods ; and the 
final holder of the bill of lading may demand the 
goods when they arrive. 

5. General Average — Whenever any portion of a 
vessel or its cargo is voluntarily destroyed or thrown 
overboard at sea by the master, in a case of necessity, 
in order to save the rest, and the rest is saved thereby, 
all the owners of the vessel and the cargo must bear a 
portion of the loss in proportion to the value of their 
property there. This is called general average. Its 



246 MUNICIPAL LAW 

reason is evident, that all obtain the benefit. It is 
very common for part of a cargo to be thrown over- 
board to lighten a ship, but it Avould be unjust to make 
the owner of that portion bear all the loss, when 
otherwise both vessel and cargo would have been lost. 

6. Salvage— If one vessel finds another vessel or 
goods upon the sea, deserted or in great danger, and 
saves them, a large proportion of the property, or its 
value, is distributed among the owner, master, and 
crew of the saving vessel. This proportion is often 
one-third to one-half. It is called salvage, and its 
object is to encourage the rendering of such services. 

7. Master's Authority — The master of a vessel has 
complete authority over the crew and passengers when 
at sea. He may use force to compel obedience in the 
management of the vessel, and may even take life when 
necessary. When necessary for the safety of the ves- 
sel or cargo, he may sell or mortgage both. 



CHAPTER LV 

INTEREST 

1. Definition — Interest is a premium paid for the 
use of money lent. To be interest it must be a return 
for money lent, and not a profit on money invested. 
Thus dividends upon railroad or other stock, or the 
profits of a business, are not interest. 

2. Rate — Each State declares by law what shall be 
its legal rate of interest. This varies in the different 
States from six to ten per cent, per annum, being six 
in most. 

3. Usury — The taking by the creditor of a rate of 



REAL ESTATE 24T 

interest beyond that which is established by law is 
usury. Parties may freely contract to take less than 
the legal rate ; but when more is contracted for, not 
only can no more be collected on the contract or obli- 
gation than the legal rate, but in most of the States 
there is some additional forfeiture. In a few the obli- 
gation is void, and the payment of no part of the debt 
can be enforced by law ; in others, twice or thrice the 
excess above the lawful interest is forfeited ; and in 
some only the excess paid can be recovered. 



SECTION III.— REAL ESTATE 
CHAPTER LVI 

ESTATES IN REAL PROPERTY 

1. Estate, in legal language, means not the property 
itself, but the kind of interest which a person has in 
certain real property, whether the absolute ownership, 
a qualified ownership, or only the right to use it for a 
time.* 

2. Estate in Fee — One is said to have an estate in 
fee, or an estate in fee-simple, in certain real property, 
when he has the unqualified ownership of it ; the right 
to use it forever, and to sell it or transmit it to his heirs. 
Most of the land in the country is owned in this way. 
Two or more persons may own the same land together 
in fee-simple, and in such case are called joint owners. 

3. Estate for Life — A person has an estate for life, 

* The term real estate, however, means the land itself. Estate is 
also sometimes used to mean particular real property, or even all the 
property, belonging to a particular person. 



248 MUNICIPAL LAW 

or a life estate in certain real property, when he has 
the right to use it during his own life or the life of 
some other person. At present life estates are seldom 
created to depend on the life of any person except the 
one to whom the life estate is given, who is called 
the life tenant. A widow's right of dower has been 
mentioned (page 220) ; this is a life estate. A life ten- 
ant cannot sell or mortgage the land, or destroy houses, 
trees, etc., upon it ; neither can his creditors take it. 
This is therefore a method often used by parents to 
provide for their spendthrift children. The life estate 
— i.e., the right to use* the land — may itself be sold 
or mortgaged the same as other property. 

4. Future Estate — This is a legal term, meaning 
the interest which a person has in certain land to 
whom it is to go upon the death of a life tenant, or 
upon some other contingency. Thus the heirs of the 
husband have a future estate in land set apart to a 
widow for her dower. If land is given to A, and on 
his death to go to B, the interest which B has during 
A's life is a future estate. 

5. Estate for Years — This is a right to possess and 
use certain real estate for a definite period of time. 
The time may be any period — one, a hundred, a thous- 
and years, or even less than a single year. The in- 
strument creating this kind of estate is called a lease. 
Leases and the rights of the parties under them will 
form the subject of a later chapter (page 255). 

6. Trusts — Sometimes it is desired to grant to one 
the benefit or income arising from certain property, 
but not the management or disposal of it, on account 

* Use in this connection includes the right to rent the land to 
others. 



REAL ESTATE 249 

of his or her youth, lack of judgment, or other reason. 
This is done by means of a trust, which is a grant of 
property to one person (called the trustee) to hold for 
the benefit of another. The powers and duties of the 
trustee are different in different cases. Sometimes he 
is merely to distribute the property ; in other cases he 
is to control and manage the property, collect the rent 
or other income, and pay it over to designated persons ; 
in others, he even has power to sell the land. These 
powers are governed by the deed or will creating the 
trust.* 

CHAPTEK LVII 

DEEDS AND MORTGAGES 

1. A Deed of land is a written instrument by which 
the ownership of the land is transferred to a purchaser.^ 
A deed is a contract, and we have seen that such con- 
tracts must be in writing (page 217). 

2. A Mortgage of land is in form a deed, made as 
security for the payment of a debt, and to become void 
on its payment. It does not, however, really convey 
the ownership, and usually the owner keeps possession 
of the property. It also must be in writing. 

3. Contents — A deed or mortgage of land must, in 
general, (1) name the person who is to take, (2) describe 
the property, (3) name the interest that is conveyed,:); 

* Personal property is often held in trust in the same way. So, 
also, there may be a life interest, or future interest, in personal prop- 
erty ; but they are not common. It is, however, often rented, like 
land. 

f If it conveys any estate greater than an estate for years it is a 
deed; otherwise it is a lease (Chap. LVL). 

\ Whether full ownership, life estate, etc. 



250 MUNICIPAL LAW 

(4) be signed by the person conveying, (5) be sealed, 
and (6) be delivered. Other things are often included 
in a deed, but without these it is without effect. The 
wife of the owner also must sign, or otherwise she will 
be entitled at his death, if she outlive him, to a life 
estate in one-third of the property (page 220). 

4. Delivery — It is important to remember that deliv- 
ery to the other party, or to some one in his behalf, is 
necessary to any deed or mortgage, as it is to every 
contract. It is the act which gives efficacy to all the 
rest. 

5. Recording- — After delivery the purchaser should 
have his deed or mortgage recorded in the office of the 
recorder of the county (or town) * in which the land 
lies. This is not necessary as to the grantor (the per- 
son conveying). An unrecorded deed is good as against 
his claim, or that of his heirs, to the land. But if the 
grantor after giving a deed to one should fraudulently 
give another (or a mortgage) of the same land to a sec- 
ond person, who should have no notice of the first, and 
who should get his deed or mortgage on record first, 
the second person would have a prior claim to the land. 

6. Acknowledgment — A recorder or register may 
not record a conveyance of land without proof that it 
was executed by the person named in it as the maker 
or grantor ; and if he does, the record is a nullity. 
This proof consists, usually, in a certificate of a proper 
officer, on the back or at the end of the deed, stating 
that the person so named appeared before him and 
acknowledged that he was the person who had executed 
the deed. In general, judges of courts and justices of 
the peace, mayors and aldermen of cities, notaries 

* See page 54. 



REAL ESTATE 251 

public, and commissioners of deeds appointed for that 
special purpose, may take acknowledgments. In New 
York and some other States the acknowledgment may 
be dispensed with, and the execution of the deed may 
be proved by an affidavit of a subscribing witness. 
Deeds duly acknowledged or proved are, with the 
acknowledgments or proofs, copied by the recorder, 
word for word, in books provided for that purpose. 
But the acknowledgment is not necessary as against 
the grantor. 

7. Covenants — A purchaser of any kind of prop- 
erty, real or personal, obtains only such title as the 
seller had. If it turns out to belong to another, that 
other has a right to it. We have seen that in personal 
property a seller impliedly warrants that he has good 
title, and if he has not the purchaser may sue him for 
the damage (page 230). There is no such implied war- 
ranty in real estate. Therefore it is usual for a seller 
to put in the deed an express warranty to the same 
effect. There are often other covenants in a deed, 
such as that there are no taxes, mortgages, or other 
incumbrances standing against it. These do not give 
the purchaser any better right to keep the land than a 
deed without them does, but only a right to call upon 
the seller for reimbursement. 

8. Foreclosure — This is a proceeding, generally a 
suit in a court, by which the claim of a person holding 
a mortgage upon land is enforced. The land either 
becomes his property or it is sold, and the claims or 
liens upon it are paid in the order of their priority. 



252 MUNICIPAL LAW 



CHAPTER LVIII 

APPURTENANCES 

1. Appurtenances are minor rights, or property, 
connected with real estate, which pass to the successive 
owners with the land. Thus a transfer of land carries 
with it all houses, trees, and everything standing or 
growing upon it, and all mines and quarries beneath 
the surface. The transfer of a house carries with it 
the doors, blinds, keys, etc., although they may be at 
the time temporarily detached, and not upon the prop- 
erty. Nor is it necessary to name these things in the 
deed. 

2. Rights over Highway — The owners of land 
adjoining highways own the land to the centre of the 
road : the public have only a right of passage while 
the road is continued. The owners of the soil may 
maintain a suit against any person who encroaches 
upon the road, or digs up the soil, or cuts down trees 
growing on the side of the road. They may carry 
water in pipes under it, and have every use of it that 
does not interfere with the rights of the public. 

3. Rights over Streams — Every proprietor of lands 
through which a stream flows has naturally a right to 
the use of the water that flows in the stream. Each 
may use the water while it runs upon his own land, for 
a mill or other purpose ; but he cannot diminish its vol- 
ume or give it another direction ; and he must return 
it to its ordinary channel when it leaves his land. He 
cannot, by dams or any obstruction, cause the water 
injuriously to overflow the land of the neighbor above 



REAL ESTATE 253 

him, nor so use or apply it as materially to injure his 
neighbor below him. If a stream flows between the 
lands of two, each owns the land to the centre of the 
stream, but they must use the whole stream together 
as joint owners. * 

4. Another kind of appurtenance is where the 
owner of certain land acquires an additional right 
over land belonging to another, such as the right of 
passing over that land for himself and whomever he 
permits, the right to take water or earth from it, to 
pasture cattle upon it, to lay pipes through it, etc. 
Such rights once acquired do not generally belong to 
the person acquiring them personally, but as the owner 
of the land they benefit. When he transfers the land 
they pass with it to the purchaser without being 
named. Thus we come to say they are appurtenant 
to the land. 

5. Rig-ht of Way — This is the right which the 
owner of certain land has to pass over the land of 
another. It may be a right to pass with a team, or 
only to pass on foot. Without it no person has a 
right even to step upon another's land or enter his 
house without his permission. But a right of way is 
something more than a permission which may be re- 
voked at any time. It is an interest in the land itself, 
and cannot be revoked. When a highway is out of 
repair or obstructed by snow, a flood, or in any way, 
the public has a temporary right of way upon the 
adjoining land. A right of way must be used for no 
other purpose than passage. 

* The rule as to navigable rivers is different. They belong to the 
State, and the landowners have no rights in them beyond those of 
other persons. 



254 MUNICIPAL LAW 

6. Party "Walls — In cities houses are often built 
having their side walls in common. The wall stands 
half upon one lot and half upon the other, and each 
owner has the right to insert the timbers of his house 
into it. Neither has the right to take down his half 
of the wall without the consent of the owner of the 
other lot. In other words, each lot has the right over 
the other lot to have the whole wall stand. Without 
such right an owner can do as he pleases with what 
stands on his own land. Such walls are called party 
walls. 

7. Acquisition of Right — There are two common 
ways by which such rights as rights of way, party 
walls, and other rights which one estate enjoys over 
another, may be acquired: (1) by grant, and (2) by 
long use. The grant of such a right must be by some 
written document, as it is a contract for the sale of an 
interest in land (page 217). But such right may also 
be obtained by its enjoyment for twenty years with- 
out disturbance, though it was not originally granted.* 
Thus if the owners of a piece of land have for twenty 
years passed over that belonging to another, claiming 
a right to do so, at the end of that time they obtain 
the right. The enjoyment is deemed to have been 
uninterrupted, whether it has been continued from 
ancestor to heir and from seller to buyer, or whether 
the use has been enjoyed during the entire period by 
one person. 

* This is merely one application of the general rule, that a person 
who wishes to enforce his rights must begin his suit within a certain 
period (page 217). In the same way, if a person allows another, who 
claims to be owner, to occupy his land for twenty years, the true 
owner loses his land. 



REAL ESTATE 255 

8. Loss of Right — As these rights may be obtained 
by grant and by use, so they may be lost in two ways : 
by being conveyed back to the one from whom they 
came, and by not being used for twenty years. 



CHAPTER LIX 

LANDLORD AND TENANT 

1. Lease — The relation of landlord and tenant arises 
where one person occupies land owned by another, 
under an agreement between them. Usually the ten- 
ant is to pay for its use. It is therefore a contract 
relation, and subject to all the rules of contracts 
(Chap. XLV.). The contract creating the relation is 
called a lease. A lease if for more than a year must 
be in writing and signed, if for only a year or less it 
may be oral.* Sealing is not necessary. Sometimes 
the tenancy is for no definite period (sec. 9). 

2. Rent is a return made by the tenant to the land- 
lord for the use of the land. Usually it is in money, 
periodically paid, but may be in services, profits, or 
anything else. The parties may make any agreement 
as to the amount of rent, and when it shall be due. If 
there is no agreement as to amount, the tenant must 
pay Avhat the use of the property is reasonably worth. 
As to the time of payment, where there is no special 
agreement to the contrary, rent is due yearly, half- 
yearly, or quarterly, according to the usage of the 
country. Where there is no particular usage, the rent 
is due at the end of the year. If the landlord does 

* In some States a lease for three years or less may be oral. 



256 MUNICIPAL LAW 

anything wrongfully to render any part of the prem- 
ises useless to the tenant, the latter may leave, and 
no rent is due. 

3. Destruction of Property — Where there is an 
express agreement to pay rent, the tenant cannot 
avoid payment even if the premises are destroyed by 
fire or flood, even without any fault on his part.* 
Hence, if land should be leased with a flock of sheep, 
and the sheep should die, the full rent must be paid. 
But neither the landlord nor tenant is bound to rebuild 
houses destroyed by an accidental fire. 

4. Eviction is the depriving one of lands of which 
he is in possession. A landlord has the right to evict 
his tenant either when the latter fails to pay any por- 
tion of the rent due or in any way injures the property. 
He may also do it for any cause, for which he reserves 
the right in the lease. But this eviction is a process of 
law. A suit is brought, and the sheriff puts the land- 
lord in possession. No landlord has a right to take 
possession of his premises personally, without the ten- 
ant's consent. 

5. Sale of Property — "When property has been 
rented and is afterward sold or in any way trans- 
ferred by the landlord to another person, such trans- 
action does not in any way affect the tenant's rights 
or liabilities. He retains the property, and must pay 
the rent to the new landlord, who is substituted to all 
the rights of the original landlord. But if the land 
should be recovered from the tenant by a person hav- 
ing a better title than that derived from his landlord, 

* In some States this rule is changed so as to relieve a tenant from 
paying rent when the premises are destroyed without his fault, and 
he surrenders them. 



REAL ESTATE 257 

he is not liable for rent after his use of the land has 
ceased. 

6. Repairs — A landlord is under no obligation to 
his tenant to make repairs to the property, unless he 
has made a special agreement to that effect. But the 
tenant must deliver up the premises in as good a con- 
dition as that in which they were when he took them, 
except that he will not be liable for the ordinary wear 
and tear. He will therefore be obliged to make ordi- 
nary repairs, such as the keeping of fences in order, 
replacing broken doors or windows, etc. But extraor- 
dinary repairs, such as the supplying of a new roof 
or repairs necessitated by an accidental fire, the tenant 
will not be obliged to make. 

7. Crops — A tenant has of course the right to take 
all crops reaped during his tenancy. A tenant for a 
definite time, whose lease expires after the land is sown 
or planted, and before harvest, is not entitled to the 
crop ; for, knowing that his lease would expire before 
harvest time, he might have avoided the loss of his 
labor. But if the lease is for an indefinite time, or 
depends upon an uncertain event, and is terminated 
before harvest, the tenant is entitled to the crop. 

8. Assignment by Tenant — A tenant may assign 
his whole interest to another, unless restrained by 
agreement not to assign without leave of the land- 
lord. And he may underlet for any less number of 
years than he himself holds, or any portion of the 
land that he holds. The difference between an assign- 
ment and a sub-lease is that in the former the whole 
interest is conveyed, in the latter only a portion. They 
are very different in their effect. In an assignment 
the person who takes the lease becomes liable for the 

17 



258 MUNICIPAL LAW 

rent to the landlord, though the original tenant is not 
thereby released. In a sub-lease the under-tenants are 
not liable for rent to the landlord, but merely to their 
landlord, the tenant. The landlord, however, retains 
all the rights he has against the tenant, and may evict 
him and all the under-tenants, if the original lease be 
not complied with. To save themselves from dispos- 
session the under-tenants may pay their rent to the 
original landlord. 

9. Notice to Quit — This is a notice by the landlord 
to the tenant to leave the premises. In ordinary ten- 
ancies for a definite period, a month, a year, etc., no 
notice to quit is necessary. If the tenant does not 
leave at the expiration of the time, the landlord may 
immediately take legal proceedings to evict him. But 
where the period is uncertain, as where the tenancy is 
to continue at the pleasure of the landlord, this notice 
must be given before eviction can be had. The time 
of the notice is generally at least as long as a month, 
and in some cases six months. The purpose is to pro- 
tect the tenant from being suddenly turned out of his 
home. 

CHAPTER LX 

DISTRIBUTION OF PROPERTY UPON DEATH 

a. Wills 

1. Will — It is a general rule that a person may dis- 
pose of all his property upon his death in any way he 
wishes, even to disinheriting his own children.* This 

* In some States this is subject to exception, so that children may 
not be wholly disinherited, or a wife left unprovided for. 



REAL ESTATE 259 

he does by means of a document called a will. The 
person making it is called the testator. If no will is 
left the property is distributed among certain relatives. 
In such case the person is said to die intestate. 

2. Who May Make — The rule is that every person 
of full age and sound mind may make a will. An 
exception is that in some States married women may 
not. In many of the States personal estate may be 
willed at an earlier age. If upon the probate of a will 
(page 81) it is shown that the testator Avas of unsound 
mind, or made it under undue influence from any one, 
it will be declared void. 

3. Formalities — A will must be made in the mode 
prescribed by the law, or it is void. In the first place, 
it must, in general, be written. * It must be signed 
by at least two, in some States three, attending wit- 
nesses, in whose presence the testator must sign the 
will, or acknowledge that he signed it, and declare it 
to be his last will and testament. 

4. Revocation — A will has no effect until after 
death. Before death the testator may revoke or alter 
it in any particular. Kevocation may be made in two 
ways : (1) by burning, tearing, or otherwise purposely 
destroying it, and (2) by making a new will with the 
same formalities expressly revoking the prior will. If 
a will is accidentally destroyed, and there is no intent 
to revoke it, it still legally exists. If a second will is 
made and does not expressly revoke the former, both 
stand as far as they do not contradict each other ; but 
as far as they are antagonistic the later one prevails, 
as where both dispose of the same property but in dif- 

* Oral wills can only be made by soldiers in active service, or 
sailors at sea. 



260 MUNICIPAL LAW 

ferent ways. If particular property is disposed of in 
a will, but is sold by the testator before his death, the 
will is in that respect void.* 

5. A Codicil is an addition or a supplement to a 
will, and must be executed with the same formalities. 
It is no revocation of the will, except in the precise 
degree in which they are inconsistent. 

b. Intestacy. 

6. Distribution of Property — The order and pro- 
portion iu which the relatives of a deceased person, 
who leaves no will, share in his property, are regulated 
by the statutes of the several States, which are not 
uniform. But it is a general rule that all brothers 
and sisters, when entitled, share alike ; i.e., there is no 
preference of the first-born over the others, nor of the 
male over the female, f 

7. As to Real Estate, if there are children they 
take it all, or if any are dead their children take their 
parents' shares. If there are no direct descendants, in 
some States the father or mother of the intestate will 
be entitled, in others the brothers and sisters. In some 
the husband or wife is entitled to a portion, whether 
there are children or not. There is no proceeding 
before the probate court as to real estate. The person 
or persons inheriting are entitled to the immediate 
possession. 

* In some States marriage or the birth of a child will revoke a 
will, so that the wife or husband or child will not remain unpro- 
vided for. 

fAn heir is one entitled to the real estate of another who dies 
intestate. Neither one who receives personal property in that way, 
nor one who receives any kind of property under a will, is properly 
called an heir. 



CRIMINAL LAW 2f)l 

8. As to Personal Property the rules of distribution 
are in general about the same as in case of real estate ; 
though in some States they differ somewhat. Those 
entitled do not take possession immediately on death. 
An administrator is appointed by the court, and he 
takes possession of it all. After a certain time he dis- 
tributes it among those entitled (page 81). 

SECTION IV.— CRIMINAL LAW 

CHAPTER LXI 

CRIMES 

1. A Crime is an offence against the public, the 
whole body of the people, because it tends to disturb 
the public peace and to overturn the body of laws 
which the public has established for the security of 
life and property of each person. The purpose of the 
penalty inflicted is not expiation, but simply to protect 
the community against its future commission. Almost 
every crime is also the violation of some private right 
for which the private individual has his remedy (page 
83, note); but usually the public penalty is so great 
that the former is lost sight of, and very often is not 
enforced.* 

2. The Laws of each State define the crimes of 
which it takes cognizance, and prescribe the punish- 
ments. The definitions given in this chapter agree 
substantially with those of similar crimes in every 
State in the Union. The punishment for the same 

* Ignorance of the law excuses no one. If it did, no law could be 
enforced. 



262 MUNICIPAL LAW 

crime is not the same in all the States, nor is there in 
any State an equal measure of punishment inflicted 
in all cases for the same offence. The laws usually 
declare the longest and the shortest term of imprison- 
ment, and the highest and lowest fine for each offence, 
leaving the exact measure of punishment, except for 
crimes punishable by death, to the discretion of the 
judges to be fixed according to the aggravation of 
the offence. 

3. Capital Punishment is punishment by death, and 
the crimes for which it is inflicted are called capital 
crimes. These are uoav very few, in many States only 
treason and murder. In a few States capital punish- 
ment has been abolished. For other crimes the pun- 
ishment ranges from imprisonment for life in case of 
the most heinous crimes, to imprisonment for a few 
days in case of the slightest misdemeanors. 

4. Treason is levying war in any State against the 
people of the State; or adhering to enemies of the 
State while it is engaged in war with them, and giv- 
ing them aid and comfort." 

5. Murder is the killing of a human being deliber- 
ately and maliciously, and with intent to effect death ; 
or killing a person in committing some other crime, 
though not with a design to effect death. The less 
aggravated cases of murder are in some States distin- 
guished as murder in the second degree, and punished 
by imprisonment for a long term, or for life. 

6. Manslaughter is killing a person either upon a 
sudden quarrel, or unintentionally while committing 
some unlawful act not a crime. The difference be- 

* This is treason against a State. Treason against the United 
States is another crime (page 185). 



CRIMINAL LAW 263 

tween murder and manslaughter is in the premedi- 
tated malice of the former.* 

7. Arson is maliciously burning any dwelling-house, 
shop, barn, or any other building, the property of 
another. Arson in the first degree, which is burning 
an inhabited dwelling in the night-time, is in some 
States punishable with death. 

8. Burglary is forcibly breaking into and entering 
in the night-time the dwelling-house of another with 
intent to commit a crime. 

9. Robbery is the taking of personal property from 
another in his presence and against his will, by vio- 
lence, or by putting him in fear of immediate injury 
to his person. 

10. Larceny, popularly called theft or stealing, is 
the wrongful taking of another's personal property, 
with the intent to deprive him of it permanently. In 
some States the stealing of property above a certain 
amount in value is called grand larceny, and is a State- 
prison offence. If the value of the property stolen is 
of less amount the offence is called petit larceny, and is 
punished by fine or imprisonment in jail or both. 

11. Embezzlement is fraudulently taking with 
intent to apply to one's own use what is intrusted to 
him by another. To buy or receive property knowing 
it to have been embezzled, is to be guilty of the same 
offence. Embezzlement is usually punishable in the 
same manner as larceny of the same amount. 

* Homicide means mankilling in general. When a crime it is 
either murder or manslaughter. Homicide is lawful when com- 
mitted (1) by an officer when necessary in the execution of his duty 
to take or prevent the escape of a prisoner, (2) by a private person 
in self-defence or in preventing any atrocious crime, (3) by any one 
through unavoidable accident without fault on his part. 



264 MUNICIPAL LAW 

12. Forgery consists in falsely making, counterfeit- 
ing, or altering any instrument in writing with intent 
to defraud. The word counterfeiting is generally 
applied to making false coin or paper money, or in 
passing them ; but it is a kind of forgery. 

13. Perjury is wilfully swearing or affirming falsely 
to any material matter, upon an oath legally adminis- 
tered. Subornation of perjury is instigating another to 
swear falsely ; it is punishable as perjury. 

14. Bribery is the offering money or other reward 
to a public officer to influence his vote or judgment, or 
its acceptance by the officer for such purpose. 

15. Bigamy is the crime of having two or more 
wives, and is also called polygamy. These words, in 
law, are applied also to women having two or more 
husbands (page 220). 

16. Other Crimes — Besides those already named 
there are many other acts made crimes in most States. 
The following are some of them : Intentionally maim- 
ing another by disabling any member or limb ; invei- 
gling or kidnapping / decoying and taking away chil- 
dren ; exposing children in the street to abandon them ; 
opening a grave and removing a dead body for any 
unlawful purpose, or purchasing such body knowing it 
to have been unlawfully disinterred ; aiding a prisoner 
to escape ; duelling ** assault and battery ; imprison- 
ment without authority ; libel • rioting. There are 
also numerous smaller misdemeanors and immoralities 
such as willful trespasses and injuries to property, 
drunkenness, gambling, indecent exposure, etc. 

17. Attempts to commit a crime, though unsuccess- 

* If either party be killed it is in many States murder. 



REVIEW QUESTIONS 2C>5 

ful, are also criminal, but the punishment is usually 
lighter. 

18. Accessories are those concerned in the commis- 
sion of crimes though not actually committing them 
themselves. He who advises, procures, or commands 
another to commit a felony, is called an accessory 
before the fact, and is punished in the same manner as 
the principal. One who conceals the offender knowing 
that an offence has been committed, or gives him any 
aid to prevent his being brought to punishment, is an 
accessory after the fact, and also subject to punishment. 

19. Arrests may and should be made by any one, 
though a private person, in whose presence a heinous 
crime or breach of the peace is committed. When no 
one witnesses the commission, arrest can only be made 
by an officer provided with a warrant against the 
offender. 



REVIEW QUESTIONS 
Municipal Law 



Civil Rights in General 

1. What is municipal law ? Is it regulated by State or Nation ? 

2. What is common law ? Statute law ? 

3. Name and describe the three fundamental rights of persons. 

4. What is slander ? Libel ? How is each punished ? 

5. Name the public relative civil rights. How enforced ? 

6. Describe the duties and rights of a parent toward his child. 

7. What is a guardian ? His duties and rights ? An apprent ice ? 

Contracts 

8. What is a contract ? Describe the different kinds. 

9. What is the fundamental rule of contracts ? 

10. What persons need not fulfil their contracts ? Why ? 

11. If an offer is made and accepted by mail, at what moment is the 

contract complete ? 



266 REVIEW QUESTIONS 

12. What is the consideration of a contract ? State the rule as to 

consideration. 

13. In case of fraud or force, may the party upon whom it is prac- 

tised enforce the contract ? May the other ? Why ? 

14. What contracts must be in writing ? Why ? 

15. How long may one delay to sue ? 

16. Name the three kinds of remedy for breach of contract. 

17. At what age is marriage lawful ? What relatives may marry ? 

18. Is a ceremony of marriage necessary ? 

19. State the former rule as to the effect of marriage upon the wife's 

property. The present rule. 

20. What is dower ? Does it exist now ? 

21. What is divorce ? For what causes granted ? 

22. What is an agent ? Name some classes. 

23. State the fundamental rule of agency. 

24. When is an agent himself liable to third parties ? 

25. What is partnership ? State its fundamental rule. 

26. May a partner sell his interest to any one ? 

27. State how partnerships may be dissolved. 

28. What is a sale ? Barter ? 

29. If goods are sold, but destroyed without fault before delivery, 

who must bear the loss ? 

30. When must a contract of sale of goods be written ? When not ? 

31. If property is stolen and sold to one who is ignorant of that fact, 

to whom does it belong ? State the exception. 

32. When does a seller of goods warrant the title ? When the quality ? 

33. May one give away all his property ? Who may complain ? 

34. State the effect of non-delivery in a gift. In a sale. In a barter. 

35. Define a promissory note. A bill of exchange. A maker. A 

payee. A drawer. A drawee. An acceptor. 

36. Describe acceptance. Indorsement. Blank indorsement. 

37. When may a note be indorsed ? A bill ? 

38. What is an accommodation note ? May the payee of such a note 

sue the maker ? Who may ? 

39. Explain negotiability, and its reason. 

40. What are days of grace ? 

41. To whom is an indorser liable ? Who are liable to him ? 

42. What two things are necessary to make an indorser liable ? 

43. State the rule as to skill and care, in services rendered. In the 

use of property of another. 

44. What is a common carrier ? Describe his liability as to goods. 

As to passengers. 

45. Name and describe the different kinds of lien. 

46. Define the three kinds of insurance. 

47. What is abandonment in marine insurance ? 

48. Who may insure property ? Who may insure life ? 

49. When are ship-owners liable for the loss of goods ? 

50. What is a bill of lading ? Describe its use. 

51. What is general average ? Salvage 'i 

52. What is usury ? Its effect ? 



REVIEW QUESTIONS 267 



Real Estate 

53. What is an estate in fee ? Estate for life ? Future estate ? 

Estate for years ? Trust ? 

54. May a life tenant sell the land ? May he mortgage it ? 

55. What is a deed ? A mortgage ? May they be oral ? 

56. State the necessary contents of a deed or mortgage. Is delivery 

necessary ? 

57. What is the purpose and effect of recording ? Of acknowledg- 

ment ? 

58. What is a covenant of warranty in a deed ? Its effect ? 

59. What are appurtenances ? Name some common ones. 

60. What is a lease ? What leases may be oral ? 

61 . When may a landlord evict his tenant ? In what way ? 

62. What effect has a sale of the property upon a prior lease ? 

63. Who must repair leased property ? 

64. State the difference between an assignment of a lease and a sub- 

lease. To whom must the new tenants pay rent in each case ? 

65. When is notice to quit necessary ? 
60. Who may make wills ? 

67. May children be disinherited by will ? 

68. How is a will made ? How revoked ? 

60. Who receives the property of one dying without will ? What is 
an heir ? 

Criminal Laiv 

70. What is the object in punishing crime ? 

71. What are capital crimes ? 

72. What is treason ? Murder ? Manslaughter ? Arson ? Burglary ? 

Robbery ? Larceny ? Embezzlement ? Forgery ? Counter- 
feiting ? Perjury ? Bribery ? Bigamy ? 

73. What are accessories ? How punished V 

74. By whom may arrests be made ? 



DIVISION II 
International Law 

SECTION I.— PEACEFUL RELATIONS OF NATIONS 

CHAPTER LXII 

NATURE AND AUTHORITY OF INTERNATIONAL LAW 

1. Definition of Nation — A nation — also called a 
state* — is a body of persons living within a certain 
territory under a sovereign government organized for 
the purpose of administering universal justice. Thus 
a body of pirates, though having an organized govern- 
ment and laws, is not a nation and is not entitled to 
any of the rights of nations, for its purpose is not 
justice but plunder. So communities of savages do 
not come under international law. But there are very 
few countries appearing on the map which are not now 
considered entitled to protection. 

2. Sovereignty is the chief attribute of a nation. 
This means the full power to govern its subjects with- 
out interference or direction from any other power, 
and the right to enter into relations with other states. 

* In this connection the two words mean the same. In the United 
States this word has a peculiar meaning, for none of our States are 
nations. Through this division they will be used as synonymous. 
The rules here stated apply only to the United States as a nation, 
for the States, as such, can have no relations with foreign nations. 



PEACEFUL RELATIONS 269 

All states, no matter how small or how great in terri- 
tory or power, possess an equal degree of independent 
sovereignty. 

3. Dependence — There is a sense, however, in which 
nations are dependent upon each other. Persons in the 
social state, as we have seen, are dependent upon each 
other for assistance (page 11). Such is, in a measure, 
the mutual dependence of nations. Although the people 
of every nation may have within themselves the means 
of maintaining their individual and national existence, 
their prosperity and happiness are greatly promoted 
by commerce with other nations; consequently there 
is more or less intercourse between them and their 
respective citizens. 

4. International Law, called also the law of nations, 
is the system of rules regulating this intercourse be- 
tween nations and their respective subjects, as acknowl- 
edged by the civilized states of the world. Like the 
civil law, it is founded in the principles of natural jus- 
tice, but is not and cannot be so broad as the law of 
nature (page IT).* It is made necessary by the fact 
that nations, as well as individuals, have their rights 
which other nations must respect, the right of prop- 
erty, of reputation, the right to protect citizens against 
injury by foreigners ; just as municipal law is necessary 
to regulate the rights of men (page 12). 

. 5. Of Recent Origin — As a system the law of nations 
is of modern growth. It has existed but a few centuries. 

* It must be remembered that international law not only does not 
and cannot descend to all the details of justice made obligatory by 
the divine law, but also that in some cases it allows positive injus- 
tice; for it consists not of what most Christian nations ought to agree 
upon, but what they have agreed upon. 



270 INTERNATIONAL LAW 

Nations, even beyond the middle of the Christian Era, 
were little governed by the principles of natural justice. 
Little respect was paid by one to the persons and prop- 
erty of the citizens of another. Kobbery on land and 
sea was not only tolerated, but esteemed honorable ; 
and prisoners of war were either put to death or reduced 
to slavery. By this rule commerce was destroyed, and 
perpetual enmity kept up between nations. 

6. Cause of its Growth — The law of nations is the 
recognition of the fact that foreigners have claims upon 
us. It has always been, and is now to a great extent, 
a principle of action with all peoples, that foreigners 
are entitled to no consideration. The less that is known 
of them, the less are their rights regarded. Christian- 
ity, the spirit of chivalry, and the increasing intercourse 
of nations with each other, have been the agents which 
have caused the world to recognize the natural rights 
of foreigners, and which have built up the law of 
nations. 

7. Enforcement — The strongest distinction between 
international and civil law is that while the latter has 
the power of a state to enforce it, with the former 
there is no means of enforcement, in case of dispute or 
disobedience. This follows from the sovereignty of 
each nation. There is no sovereign power above them 
all. It is and must remain a system of laws which the 
parties may or may not obey, as long as the world 
remains composed of separate nations. The only rem- 
edy is for the nation injured by any violation to appeal 
to the sense of justice of the other (generally a futile 
appeal), or to resort to war. 

8. Arbitration is a proceeding which has been re- 
sorted to at times in the settlement of minor dis- 



PEACEFUL RELATIONS 271 

putes; but there is no power to compel submission 
to arbitration, or obedience to the decision when 
made. 

9. Treaties, as such, form no part of international 
law. They are binding only on those who make them, 
while the law of nations is binding on all nations. But 
they often contain agreements to do many things en- 
joined by the law of nations, and if most of the treaties 
between the powers contain the same stipulations, they 
thus become evidence of what the law is in those par- 
ticulars. 

10. The Defects of international law are as follows : 
(1) There is no international legislature to declare 
what shall be law, and to make changes when neces- 
sary ; (2) there is no judiciary to apply it in cases of 
disputes between nations, and each nation must make 
the decision for itself ; (3) there is no supreme power 
to execute the law (sec. 7), and the injured nation 
must execute it by war, and if it cannot, must submit. 
For these reasons the law is uncertain, even at best, 
acknowledged by but a portion of the world, and very 
slow to improve. In case of dispute, neither disputant 
is likely to make a just judgment, and justice is virtu- 
ally denied to the weak power when against the inter- 
est of the strong. 

11. Observance — Having thus the power in their 
own hands, nations do not always observe the law, 
even when it is clearly established. Even in the latest 
times it has been flagrantly violated by ambitious 
princes or misguided people. But comparing its com- 
mencement in the Middle Ages with its present 
position we can say that it has made much progress, 
and we may hope that in the future, as civilization 



272 INTERNATIONAL LAW 

advances and the principles of justice become better 
known and more widely admitted, its progress will be 
still greater. 

CHAPTER LXIII 

ORDINARY RULES OF PEACE 

1. Recognition — Every nation has a right to estab- 
lish such form of government as it shall see fit, and 
when established to have its government recognized 
as such by all others. Otherwise it would be giving 
one nation the right to interfere in the affairs of 
another (sec. 6). International law takes governments 
as they are, without questioning their legitimacy, and 
thus a usurping monarch is entitled to all its pro- 
tection. Any other rule would make continual war. 

2. Jurisdiction — The exclusive jurisdiction of a 
state extends not only over the land within its bound- 
aries, but to all rivers flowing through it, the bays, 
harbors, etc., upon the coast, and a marine league of 
the contiguous ocean. The remainder of the ocean is 
free to all. All nations may use it for transit, fishing, 
or any other purpose. 

3. Intercourse — International law has not yet ad- 
vanced so far that intercourse is a right which may 
be demanded in all cases. In the absence of treaty 
obligation, or the right accorded by custom, a nation 
may refuse to allow others to have commercial rela- 
tions with it, or may prevent immigration into it. It 
may shut out all mankind. This we believe to be con- 
trary to the true advantage of any state, but the right 
of sovereignty over its territory implies such a power. 
But when general intercourse has been once estab- 



PEACEFUL RELATIONS 273 

lished, the deprivation of the privilege, except for 
some good reason, would be an injury and the viola- 
tion of a right, for the right is gained by usage. Free 
intercourse both for travellers and immigrants is now 
granted by all civilized nations, and it may perhaps be 
expected that, as the commerce of the world increases 
and travel becomes more and more general, it will 
in time become established as a strict right. As to 
emigration, every citizen now has the right to leave 
his country whenever he chooses. 

4. Travellers while in a country are subject to its 
laws, and if they violate them, though ignorantly, 
may be punished by them. On the other hand, they 
are entitled to the full protection of its laws and its 
government. 

5. Fugitive Criminals — A criminal must usually be 
tried in the country where the crime is committed and 
whose laws are violated. There is, however, no strict 
obligation upon a nation to return criminals escaping 
into it. This, too, may in time come to be a principle 
of international law, for it is now very common to 
have it provided for in treaties, and our government 
has extradition treaties^ as they are called, with several 
nations. 

6. Non-interference — It is a general principle that 
no nation has the right to interfere in the affairs 
of another, either its internal affairs or its relation 
with other states. Interference would be a violation 
of sovereignty. Therefore no nation has the right to 
aid the colonies, or any portion of another, which are 
in revolt against their government, Avhile the two 
nations sustain peaceful relations. Such an act is 
unfriendly. When a revolt has progressed so far that 

18 



274 INTERNATIONAL LAW 

a new government has been established, and the old 
government has virtually surrendered the contest, 
though it may not in words have so declared, the new 
state, because it is a state, may demand recognition 
and non-interference from all (sec. 1). 

7. Exception — There is an important exception to 
this rule of non-intervention. A state in Europe may 
interfere when the political policy of another, even 
though it be otherwise just and peaceful, threatens to 
endanger the security of the former. Thus if one 
state by uniting peacefully with another will grow so 
powerful as to threaten the independence of others, 
they may interfere to prevent the union. This is 
called preserving the balance of power, and applies 
only to the nations of Europe, which have ever been 
jealous of each other. Extreme cases of outrageous 
tyranny or cruelty on the part of a government toward 
its subjects will justify interference. 

8. Treaties are Contracts — As with persons, so 
with nations, all have the right of making contracts 
with each other, and when made the parties are under 
obligation to carry them out. But treaties cannot be 
made which disregard the rights of others, or which 
bind to do unlawful acts. So, also, if obtained through 
force or fraud, they are void. 

9. Ambassadors — These have been before described 
(page 173). They form an exception to the rule that 
foreigners always become subject to the laws of the 
country in which they are. Ambassadors, * their assist- 
ants, families and servants, are not subject to the 
laws of the countries in which they are. They cannot 

* We here mean foreign ministers of all kinds. 



PEACEFUL RELATIONS 275 

be sued in civil suit nor prosecuted criminally ; in other 
words, their persons and property are inviolate. They 
are held answerable only to the laws of their own 
country when they shall return home. The reasons 
for this rule are, (1) the respect due them as the repre- 
sentatives of a nation, and (2) the necessity that they 
should be free from all interruption and danger in 
the discharge of their important duties. They are 
also entitled to the same privileges in the countries 
through which they pass in going to or returning 
from the country to which they are sent. Any dis- 
respect shown to them is disrespect to the nation they 
represent. 

lOc Consuls are not entitled to the privilege enjoyed 
by ministers, but are subject to the laws of the country 
in which they reside. As in the case of ministers, 
consuls carry a certificate of their appointment, and 
must be acknowledged as such -hy the government of 
the country in which they reside, before they can per- 
form any duties pertaining to their office. 

1 1 . Reprisals have been before explained (page 155). 
They are sometimes used as a means of obtaining 
satisfaction without actual war. The property when 
taken is kept until all hope of satisfaction is gone, and 
then it is confiscated.* But now reprisals are seldom 
resorted to in time of peace. 

12. Embargo is the detention for a time of all 
vessels in the ports of a country by its government. 
When directed against all vessels, national and foreign, 
for the purpose of protecting them, it is a civil embargo. 
When directed against foreign vessels in time of peace 

* To confiscate is to adjudge property to be forfeited, and to 
appropriate it to the use and benefit of the state. 



276 INTERNATIONAL LAW 

it is called a hostile embargo, and is a species of reprisal. 
Embargo is lawful, but is falling into disuse, except as 
a measure of war. 



SECTION II.— RELATIONS OF NATIONS IN WAR 
CHAPTER LXIV 

CAUSES AND OBJECTS OF WAR 

1. Rightf illness of War — A nation itself has rights, 
the right of sovereignty, independence, property, etc., 
and is under obligation to protect them, and also to 
protect the rights of its citizens. The purpose of gov- 
ernment is to protect these rights against all the world. 
But we have seen that when these rights are violated 
or threatened by a foreign nation or its subjects there 
is no supreme power to whom to look for redress or 
protection. Therefore each nation has in itself the 
two rights of redress and self-defence ; that is, it may 
use force to redress or to prevent the infliction of an 
injury upon itself or its subjects. War, therefore, 
though a great evil, is just when used as a means to 
prevent a greater evil ; and war in itself is not wholly 
an evil, for it has often been the means of bringing 
back the decaying virtue of a people. 

2. Cause — But war is not lawful unless it has (1) a 
just cause, and (2) a proper and sufficient object ; that is, 
there must be some cause recognized as just by most 
nations, and the object to be attained by it must 
be sufficient to compensate the world for the injury 
it inflicts. A just cause is the violation of any of 



RELATIONS IN WAR 277 

the rights of a nation or its subjects. Thus, interfer- 
ence by another with its sovereignty, or independence, 
seizure of its territory, unjust injury to the liberty, 
security, or property of its citizens, insults to its flag 
or its ambassadors, and violations of treaties, are just 
causes of war by the nation injured against the one 
injuring. 

3. Object — A proper object of a just war may be, 
(1) to obtain redress for wrong committed, (2) as a 
punishment to prevent its repetition, and (3) in self- 
defence to prevent its present commission. Self- 
defence against unjust attack is always a sufficient 
object of war. But in many cases the injury com- 
mitted or threatened is so small as not to justify a 
war ; that is, the object is proper but not sufficient. 
Injuries to single individuals are often of this nature. 
And yet sometimes a small injustice to a single person 
may be done in such a manner as to imply contempt 
for his nation : in such case the interests of the whole 
nation compel it to resent the wrong. 

4. Who Judges — And yet, as we have seen, the 
nation intending to resort to war is the only one 
authorized to decide whether its cause be just and its 
object proper and sufficient. Others have no right to 
interfere, even though they should think the war 
unjust. But if no pretext of right be offered, any or 
all nations may interfere, for there is no such thing as 
the right of conquest. 

5. Arbitration — It may be said that in justice all 
peaceful measures to obtain redress ought to be taken 
before war is resorted to ; such as, demand of satisfac- 
tion, and offer to arbitrate. This is one of the cases in 
which international law has not yet reached its high- 



278 INTERNATIONAL LAW 

est point, for such preliminaries, though frequently 
taken, are not necessary to a just war. Indeed, in 
some cases, as of an attack without warning, they are 
not possible. 

6. Alliance for War — By treaty of alliance, nations 
sometimes agree to assist each other in case of war 
with a third power. But when the occasion arises 
each of the allies must decide for itself whether it will 
take part, for no treaty can bind one to wage an unjust 
war. 

CHAPTER LXV 

RIGHTS AND DUTIES OF BELLIGERENTS * 

1. Declaration — When a nation has resolved on 
making war, it is usual to announce the fact by a pub- 
lic declaration. It was usual, formerly, to communi- 
cate a declaration of war to the enemy, but this is not 
now necessary. Any manifesto or paper from an offi- 
cial source, published in such a way as to give notice 
to its citizens, the enemy, and neutrals, is sufficient. 
Every one should be notified whose rights may be 
affected, so that he may protect them. The recalling 
of a minister has alone been regarded as a hostile act, 
and followed by war, without any other declaration, 
but such cases have not been frequent. 

2. Effect upon Intercourse — The government of a 
state acts for and in behalf of all its citizens ; and its 
acts are binding upon all. Hence, when war is de- 
clared, all intercourse between the two countries at 
once ceases. All trade between the citizens, directly 

* Belligerents are those taking active part in a war ; neutrals are 
all others. 



RELATIONS IN WAR 271) 

or indirectly, is strictly forbidden ; and all contracts 
with the enemy made during the war are void. 

3. Foreigners within the Country belonging to the 
hostile nation are, upon the declaration of war, either 
allowed to remain during good behavior, even through 
the Avar, or else a reasonable time is given them by 
public proclamation to depart with their property. 

4. Private Acts — Formerly war made every citizen 
of one state the enemy of every citizen of the other, 
but now the accepted theory is that it is simply a con- 
test between the governments. Private persons have 
no right to engage in hostilities without authority 
from their government. Tf they do they are liable, if 
captured by the enemy, to be treated as murderers, 
robbers, and pirates, rather than as prisoners of war. 

5. Combatants are the members of the army and 
navy actually engaged in prosecuting the war. They 
may be killed by the enemy. The right to use force 
implies the right to take the life of those who make 
resistance. There is little limit to the kinds of weap- 
ons that may be used for this purpose, though the use 
of poison is prohibited. So also stratagems and deceit 
are allowable, but not so far as to constitute a breach 
of faith. When an enemy surrenders or is captured 
the right to kill is gone. 

6. Prisoners of War are members of the opposing 
army or navy captured in war. They may be con- 
fined, and even fettered, if there is reason to apprehend 
that they will rise against their captors or make their 
escape, but must be treated with humanity. Prisoners 
of war are detained to prevent their returning to join 
the enemy, or to obtain from their government a just 
satisfaction as the price of their liberty, and may be 



280 INTERNATIONAL LAW 

kept till the end of the war. Deserters and spies, 
when captured, may be shot. 

7. Non-Combatants are citizens of the belligerent 
nations who take no part directly in carrying on the 
war. Not only are they not subject to capture or any 
personal molestation, but their property on land is 
exempt from capture, as long as they take no active 
part in the war. Marauding and ravaging by an 
invading army is therefore unlawful.- This follows 
from the fact that the war is between the governments 
and not the subjects. But sometimes, when necessary 
for the support of an army, the inhabitants of an 
invaded country may be compelled to give up the 
property wanted at a fair value, or even in rare cases 
without compensation. 

8. Siege— The treatment of a fortified town which 
has resisted and has been taken by the enemy is some- 
times far below humanity. The town may also be 
bombarded, and thus the property and lives of non- 
combatants destroyed. It is to be hoped that future 
wars will mark an improvement in this particular. 

9. Civil War — The foregoing rules of war apply not 
only to war between separate nations, but also to civil 
war between portions of the same nation, and to war 
with savages. In the last case it is not justice to treat 
the savage with inhumanity because he so treats us. 

10. At Sea the property rights of non-combatants 
are essentially different from those upon land. The 

* Even the public property of a nation may not be captured or 
destroyed by the enemy, unless used for war purposes ; but forts 
and other military buildings and stores may be. 

International law does not allow the interest of a hostile nation or 
its subjects in the public funds of its enemy to be confiscated. 



RELATIONS IN WAR 281 

object of maritime war is to destroy the commerce 
and navigation of the enemy, with a view of weaken- 
ing his naval power. To this end, the capture or 
destruction of private property belonging to subjects 
of the hostile nation is necessary, and is justified by 
the law of nations. It may be that in time this rule 
will be modified, as there seems to be little justice in it. 

11. Privateers — Besides national ships of war, there 
are armed vessels owned by private citizens, and called 
privateers. Their owners receive from the govern- 
ment a commission to go on the seas, and to capture 
any vessel of the enemy and its cargo, whether it is 
owned by the government or by private citizens, and 
whether it is armed or not. And to encourage priva- 
teering the government allows the owner and crew of 
a privateer to keep the property captured as their own 
(page 156). But privateering is little more than legal- 
ized piracy. Many nations have agreed to give it up. 

12. Prize is property captured from an enemy at 
sea. In reality it belongs to the government, but is 
distributed as a reward among the captors. Whether 
captured by a national vessel or a privateer, it must 
first be brought into a port, where a court examines 
into the facts, and distributes it to those entitled. 

13. Truce — This is an agreement to suspend hostil- 
ities temporarily. It ma}^ be for a few days, or for 
years, and for any purpose. A truce binds the con- 
tracting parties from the time it is made; but 
individuals of the nation are not responsible for its 
violation before they have had due notice of it. For 
all prizes taken after the time of its commencement 
the government is bound to make restitution. During 
the cessation of hostilities each party may, within his 



282 INTERNATIONAL LAW 

own territories, continue his preparations for war 
without being charged with a breach of good faith. 

14. Treaty of Peace — War is generally terminated, 
and peace secured, by treaties of peace. They leave 
the contracting parties no right to take up arms for 
the same cause. The parties to a treaty of peace are 
bound by it from the time it is made, and a govern- 
ment is bound to order and enforce the restitution of 
property captured subsequently to the conclusion of 
the treaty. But, as in the case of a truce, persons are 
not held responsible for any hostile acts committed 
before the treaty was known. 

CHAPTEE LXVI 

RIGHTS AND DUTIES OF NEUTRALS 

1. Neutral Territory — A neutral nation may insist 
that neither belligerent shall carry on operations against 
the enemy upon its territory. It may even forbid the 
transportation of troops across it. No captures can 
be made within its jurisdiction on land or sea. 

2. Neutrality — A neutral nation is bound to observe 
a strict impartiality toward the parties at war. If it 
aids one party it may be treated as an enemy by the 
other. A loan of money to one of the belligerents, 
allowing the enlistment of troops or equipment of 
war-vessels within the neutral territory, or supplying 
it with other means of carrying on a war, if done 
with the view of aiding it in the war, would be a 
violation of neutrality. 

3. Aid by Subjects — But a neutral nation is not 
required to keep its subjects within such strict lines of 



RELATIONS IN WAR 283 

neutrality as it is itself bound by. Private persons 
belonging to the neutral nation may lend money to 
either belligerent by buying its bonds, or may enlist 
in its armies, without involving their own nation. 
Such things are difficult to prevent. But it is a viola- 
tion of neutrality for a neutral nation to allow its 
subjects to equip private vessels for privateers and 
accept letters of marque in the interest of one of the 
belligerents. 

4. Trade — In general, the rule is that a neutral 
nation may continue its customary trade with either 
belligerent during the war, although such trade may 
furnish it the means of carrying on the war.* Hence 
goods belonging to neutrals cannot be captured by 
either belligerent, even though they are in vessels 
belonging to subjects of one of the belligerent powers, 
though in such case the vessel may be captured ; and 
the goods belonging to the subjects of one bellig- 
erent nation may not be captured by the other when 
found in neutral vessels. In other words, the only 
property which may be captured by a belligerent is 
property belonging to the other belligerent or its sub- 
jects, when found at sea in vessels belonging to the 
latter nation or its subjects, and outside the jurisdiction 
of any neutral state. 

5. Contraband of War — But there are certain arti- 
cles (called contraband of war) which neutrals have no 
right to supply to either belligerent, because they are 
directly useful in the prosecution of the war. What 
these articles are, it is impossible to say with precision, 
as some may in certain cases be lawfully carried, which 

* This is the rule. The cases of contraband goods (sec. 5) and 
blockade (sec. 7) are exceptions to it. 



284 INTERNATIONAL LAW 

would be justly prohibited under other circumstances. 
The matter is very often regulated by treaty. Among 
the articles usually contraband are arms, cannon, am- 
munition, ships, horses, and sometimes materials for 
ship-building, naval stores, or even provisions. Con- 
traband goods intended for one belligerent may be 
seized and confiscated by the other, no matter to 
whom they belong, when captured outside of neutral 
territory. 

6. Right of Search — To prevent the conveyance of 
contraband goods the law of nations gives a bellig- 
erent nation the right of search ; that is, the right, in 
time of war, to search neutral vessels to ascertain their 
character and what articles are on board. A neutral 
vessel refusing to be searched by a lawful cruiser would 
thereby render herself liable to condemnation as a 
prize. Private merchant vessels only are subject to 
search ; the right does not extend to neutral public 
ships of war. 

7. Blockade — One of the rights of a belligerent 
nation which a neutral is bound to regard is the right 
of blockade. A war blockade is the closing of an 
enemy's ports, to prevent all vessels from coming out 
or going in. The object of a blockade is to hinder 
supplies of arms, ammunition, and provisions from 
entering, Avith a view to compel a surrender by hunger 
and want, without an attack. A neutral vessel at- 
tempting to enter or depart may be seized and con- 
fiscated. Towns and fortresses also may be shut up 
by posting troops at the avenues. 

8. Paper Blockade — A simple decree or order 
declaring a certain coast or country in a state of block- 
ade does not constitute a blockade. A force must be 



REVIEW QUESTIONS 285 



stationed there competent to maintain the blockade, 
and to make it dangerous to enter. Without such a 
force it is called a paper blockade. And it is necessary 
that the neutral should have due notice of the block- 
ade, to subject his property to condemnation and 
forfeiture. According to modern usage, if a place is 
blockaded by sea only, trade with it by a neutral 
nation may be carried on by inland communication. 
And a neutral vessel, loaded before the blockade was 
established, has a right to leave the port with her 
cargo. 

REVIEW QUESTIONS 

International Law 



Peaceful Relations of Nations 

1. What is a nation ? Is New York State a nation ? Why ? 

2. What is sovereignty ? 

3. Define international law. How old is it ? 

4. Name the chief causes of its growth. 

5. How is it enforced ? Why ? 

6. Are treaties a part of international law ? 

7. Name its defects, and why they are such. 

8. What is the right of recognition? Do usurpers have it ? 

9. State the jurisdiction of a nation. 

10. How far is commercial intercourse between nations a right ? 

May a state prevent immigration ? May it prevent emigra- 
tion ? 

11. To what laws are foreigners travelling in a country subject ? 

State the exception to that rule, and its two reasons. 

12. What is extradition ? Is it demandable as a right ? 

13. State the rule of non-intervention. What is the balance of 

power ? 

14. May provinces in revolt be aided by a foreign nation ? Why ? 

May a nation be aided in a war with its provinces ? 

15. What are reprisals ? Embargo ? Their object ? 

Relations of Nations in War 

16. What are belligerents ? Neutrals ? 

17. Why is war right ? What two general rights does it rest upon ? 



286 REVIEW QUESTION'S 

18. What three things are necessary to a just war ? 

19. Name some just causes of war. 

20. Name the proper objects of war. 

21. May a neutral nation prevent a war because it is unjust ? 

22. Is there any obligation to arbitrate ? 

23. To whom should notice of a state of war be given ? Why ? 

24. What is the effect of war upon trade between the belligerents ? 

Between a belligerent and neutral ? Between neutrals ? 

25. What is the effect of war upon foreigners within the hostile 

nation ? 

26. May private individuals take part in the war ? 

27. Who may be put to death in war ? What means may be used ? 

What deceit ? 

28. May prisoners of war be put to death ? Deserters ? Spies ? 

29. What are non-combatants ? May they be made prisoners ? Is 

their property subject to capture, on land ? At sea ? 

30. What are privateers ? Prize ? 

31. What is a truce ? A treaty of peace ? From what time do they 

bind individuals ? 

32. What rights have nations at war over neutral territory ? 

33. State the rule of neutrality. 

34. What aid may neutral subjects render ? 

35. State the rule as to neutral trade. Its two exceptions. 

36. What property may be captured in war ? 

37. Define contraband of war. What articles are contraband ? 

38. What is the right of search ? 

39. What is the right of blockade ? The penalty ? What is a paper 

blockade ? 



INDEX 



TAGE 

Accessory 265 

Acknowledgment (of deed, etc.) 250 

Action (at law). See Suit. 

Administrator 81 , 261 

Admiralty 184 

Agent. See Principal and Agent. 

Alderman 60 

Alien 27, 147 

Alliance 163, 278 

Ambassador, 

appointment 173 

exemptions 274 

reception 175 

Amendment (of Constitution I, 

national 190, 193-201 

State 25 

Answer (in suit at law ) 84 

Appeal (in suit at law) 86 

Appointment. See Governor, Pres- 
ident. 

Apprentice 211 

Appropriation 162 

Appurtenance 252-255 

Arbitration (between nations). ..270, 277 

Aristocracy 20 

Arms, right to keep 195 

Army 75, 156 

Arraignment 89 

Arrest 88 

by whom made 265 

Arson 263 

Assault and battery 83, 264 

Assessment (of taxes) 64 

Assessments 66 

Assessors 57 

Assent (in contract) 214 

Assignment (by debtor) 232 

Asylum 72 

Attainder 161, 165 

Attempt (at crime) , 264 

Attorney 84 

Attorney-General, 

national 178 

State 50 

Auditor. See Comptroller. 

Bail 88 

excessive 197 

Balance of Power 274 

Bankruptcy 149 

Belligerent 278 

Bigamy ... 220, 264 

Bill (legislative) 43 

Bill of Attainder. See Attainder. 



PACK 

Bill of Credit 164 

Bill of Exchange 233-239 

Bill of Lading 345 

Bill of Rights 193 

Blockade 284 

Body Politic 24 

Bribery .' 264 

Broker 224 

Burglary 2(13 

Cabinet 177 

Canal 72 

Capital 39 

Capital Punishment 262 

Captures 156, 281 

Census, 

National 131 

State 37 

Challenge (at election) 30 

Charter 59 

Chattel .'.'.' 232 

Chattel Mortgage 232 

Check 235 

Child. See Parent and Child. 
Citizen, 

defined 147 

privileges in different States. ... 188 

City 59-62 

Civd Law 16 

Civil Service 175 

Civil War, Rules of 280 

Clearance (of vessels) 146, 162 

Codicil 260 

Coinage, 

by Nation 150 

by State 164 

Colonies, Government in 94 

Colony, defined 93 

Combatant (in war) 279 

Commerce, regulation of 143 

Commission Merchant 224 

Committee, Legislative 42 

Common Carrier 241 

Common Council 60 

Common Law 205 

Complaint (in suit at law) 84 

Comptroller 49 

Confederacy 100 

Confederation, The 97-100 

Confiscation 275 

Congress, Continental 96 

(of IT. S.), 

adjournment 107, 115 

composition 130 



288 



INDEX 



TAGE 

Congress (of U. S.), 

journal 107 

meetings 138, 175 

officers 137 

quorum 107 

rules 138 

Congress, Members of, 

compensation 138 

civil officer 108 

election 107 

privileges 138 

Congress, Powers of .. .125, 127, 140- 

157, 187-191, 198 

Consideration (of contract) 215 

Constable. , 57 

Constitution, English 26 

Constitution, State 23-25 

Constitution, U. S„ 

adoption 100 

text of 104-129 

Consul 173, 275 

Contraband of war 283 

Contract 212-218 

Contract, law impairing obligation 

of 165 

Convention, Constitutional 100 

Convention of 1786 99 

Copyright 151 

Coroner 54 

Corporation, 

control by State 7'3 

municipal 52, 62 

Corruption of blood 186 

Council, Executive 48 

Counterfeiting 110, 264 

County, 

importance 52 

officers 53-56 

origin 51 

County Commissioners 53-56 

Courts, 

National 180-182 

jurisdiction 182-185 

State 78-82 

Covenant (in deed) 251 

Creditors, rights of 231 

Crimes, 

denned 261 

punishable by Congress 152, 186 

punishable by the State 261, 265 

Crop, right of tenant to 257 

Customs 141, 143 

Days of Grace 238 

Death, distribution of property upon 260 
Debt, 

of Nation 200 

of State 74 

Declaration (in suit at law) 84 

Declaration of Independence 96 

Deed 249-251 

Defendant 83 

Delivery (of property) 229, 231 

Democracy 21 

Departments of Government 32-34 

Departments (national) 176-180 

Deposit Fund (of U.S.) 69 



PAGE 

Deserter, punishment of 280 

Despotism 20 

Diplomacy ... 177 

District Attorney 55 

District of Columbia 153 

Divorce 221 

Dower 220, 248 

Drunkards, contracts by 214 

Duties, 

collection of 145 

defined 141 

laid by Nation 142, 143, 162 

laid by State 165-166 

Education 67-71 

Election 29-32 

Electors, qualifications of 26-28 

Electors, Presidential 169-171 

Embargo 275 

Embezzlement 263 

Emigration, right of 273 

Eminent Domain 73 

Entry (of vessels) 146, 162 

Envoy 173 

Estates 247-249 

Eviction (from land) 256 

Excise 67, 141 

Execution (in suit at law) 86 

Executor 81 

Ex post facto law 161, 165 

Fee-simple 247 

Force (in contract) 216 

Foreclosure 251 

Forgery 239, 264 

Franchise 27 

Fraud (in contract) 216 

Fraudulent transfer 232 

Freedom of Speech 16. 194 

Freedom of the Press 16, 194 

Freeholder 131 

Free Trade 145 

Fugitive Criminals 188, 273 

General Average , 245 

Gift 231 

promise of 215 

Government, 

necessitv for 13 

forms of 19-22 

Governor 46^48 

Guardian and Ward 15, 210 

Habeas Corpus, 

described 8S 

suspension of 160 

Heir 260 

Highway, 

regulation of 57 

rights of adjoining owners 252 

Homicide 263 

Hotel-keeper 241 

Husband and Wife. See Marriage. 

Idiot, contract by 214 

Immigration, right to prevent 272 

Impeachment 79, 82, 138 



INDEX 



289 



.141, 



Impost, 

laid by Nation 

laid by State 

Indians, commerce with 

Indictment 

Indorsement 235, 

Infant 

Inspectors of Elect ion 

Insurance -42- 

Insnrrection 76, 

Interest 246- 

Intestacy 



Joint Owner 

Judge, 

of national court. . 

of State court 

Judgment 

Jurisdiction, kinds of. 
Jury, 

grand jury 

trial by 

protected 

Justice of the Peace. . . 



142 

67 
147 

87 
238 
213 

•J 1 .) 
244 
190 
247 
259 

247 

174 



. 86 

ro-82 



Landlord and Tenant 255-258 

Larceny 263 

Laws, 

defined 12 

classified 16, 17, 205 

making of 

in Nation 138,139 

in State 43-46 

Lease 255-258 

Legal Tender 164 

Legislature, of Nation. See Congress. 
Legislature, of State, 

how constituted 35-38 

meetings and organization . . . 38-41 

Letters of Marque 155, 164 

Libel 207 

Liberty 16 

Lien, kinds of 224. 229, 242, 245 

Lieutenant-Governor 39, 48 

Lunatic, contract by 214 

Majority (in election) 31 

Manslaughter 262 

Marque." See Letters of Marque. 

Marriage 218-221 

Master and Servant 16, 211, 212 

Master (of vessel), authority of 246 

Mayor .' 60 

Measures, standard of 150 

Message, 

of Governor .42 

of President 175 

Militia 75-77, 157 

Minister. See Ambassador. 
Minor. See Infant. 

Monarchy 19 

Money, what is 150 

See Coinage. 

Mortgage 232, 249-251 

Murder 262 



Nation, charactei 
19 



..93, 100. 20S 



PAGE 

National Guard 77 

Naturalization 148 

Navigation, regulation of 144, 146 

Navy 156 

Negotiable Paper 2S0, 236 

Negro, rights of 28, 199-201 

Neutrals, 

who are 278 

rights and duties of 282 285 

New States 189 

Non-combatants (in wai ). 

on land 280 

at sea 280 

Note, promissory 233-239 

Notice to Quit. '. 258 

Oath of office 191 

Ordinance (of city) 60 

Overseers of the Poor 57 

Paper Blockade 284 

Pardon 48,172 

Parent and Child 15. 210, 211 

Partnership 225- 228 

Party Wall 254 

Patent 151, 178 

Patriarchal Government 19 

Pauper 28, 57 

Pension 178 

Perjury 264 

Personal Property 63 

Petition (legislative) 42 

Petition, right of 195 

Piracy 152 

Plaintiff: (in suit at law) 83 

Plea (in suit at law). 84 

Pleading (in suit at law) 84 

Plurality (in election) 31 

Policy (of insurance) 244 

Poll.". 29. (13 

Polygamy. See Bigamy. 
Poor! See Pauper. 

Postmastcr-( teneral 17'8 

Post-office 150 

Preamble (of IT. S. Constitution. . . . 130 

Premium (in insurance) 242 

President (of U. S.), 

election 1P9. 198 

powers and duties 112-176 

qualifications 171 

salary 171 

term of office 168 

Principal and Agent 222-225 

Prison 74 

Prisoner of War 279 

Privateer 155, 281 

Prize 281 

Probate (of will) 80 

Prohibitions, 

on the States 163, 166 

on the United States 160-163 

Property, basis of right of 12 

Prosecuting Attorney 55 

Protection 144-145 



Quarantine. 



it; 



290 



INDEX 



PAGE 

Quorum, 

in National Legislature 107 

in State Legislature 40 

Railroad 73 

Real Estate, denned 63, 247 

Rebellion, 

denned 76 

aid by foreign nation 273 

Record (of deed, etc.) 250 

Records, of one State in another. . . . 187 

Recorder 54 

Register 54 

Registration (of voters) 30 

Registry (of vessels) 146 

Release, from debts 232 

Religion, freedom of 194 

Rent 255 

Repairs (to rented property) 257 

Representatives, House of, 

' National 130-134, 199 

State 35-38 

Reprieve 48, 172 

Reprisal 155, 275 

Republic 21, 23 

Revenue Bills 139 

Revolution, Causes of the 94-96 

Rights, 

defined 14 

how forfeited 14 

classified 14-18 

Road. See Highway. 

Robbery 263 

Sale 228-231 

Salvage 246 

Schools, Common 67-71 

Schools, Normal 71 

School Funds 68 

Search, right of (in war) 284 

Search-warrant 195 

Seat of Government 39, 153 

Secretary 

of Agriculture 179 

of State 49, 177 

of the Treasury 177 

of the Interior 178 

of War 178 

of the Navy 178 

Seizure 195 

Selectmen (of town) 56 

Senate, 

National 130, 134-137 

State 35-38 

Sergeant-at-arms 40 

Servant. See Master and Servant. 

Services 215-216, 240-242 

Sheriff 54 

Shipping, law of 244-246 

Siege 280 

Slander 207 

Slaves, fugitive 188 

Slavery, abolition of 199 

Slave-Trade 160 

Soldiers, in private houses 195 



PAGE 

Sovereign tv 268 

Speaker , 39, 137 

Spy, punishment of 280 

State, 

admission of 189 

suit against 198 

not a nation 268 

Statement (by civil officers) 163 

State's Attorney 55 

Statute 206 

Stock, State 74 

Stratagem (in war) 279 

Stream, rights of adjoining owner... 252 

Sub-lease 257 

Subpoena 85 

Suit, proceedings in, 

civil 83-87 

criminal 87-90 

Suffrage 26 

Summons (in suit at law) 83 

Supervisors 56 

Supervisors, Board of . 53 

Tariff 140 

Tax, 

by Nation 140-143, 161 

by State .63-67, 165 

Tenant. See Landlord and Tenant. 
Tender. See Legal Tender. 
Territories, 

how governed 21, 190 

represented in Congress 134 

Test Oath 192 

Theocracv 19 

Title of Nobility 163, 165 

Tonnage 166 

Town Officers 56-58 

Town Meeting 58 

Township 56 

Treason, 

against Nation 185, 186 

against State 262 

Treasurer, 

State 49 

county 53 

town 57 

Treaty, 

denned 172 

by whom made 172 

State forbidden to make 163 

as part of international law.. 271, 274 

Treaty of Peace 282 

Trial 82, 85,89 

See also Jury. 

Truce 281 

Trust 248-249 

Usury 246-247 

Vacancy, 

in State Legislature 38 

in Congress 106 

Verdict 86 

Vessels. See Entry, Clearance, 
Registry, Shipping. 



INDEX 



291 



PAGE 

Veto, 

by Governor 45, 46 

by President 139 

Voters. See Electors. 

Village 00-62 

War. 

power of Congress over 155-157 

by States 166 

by private persons 279 

rightfulness of 276 

just causes of 276 

objects of 277 

effect upon belligerents 278 



War, 

effect upon neutrals 282 

Ward. See Guardian and Ward. 

Warranty, 

of title 230, 251 

of quality 230 

Way, Right of 253 

Weights, standard of 150 

Wife, 

power to contract 214 

property lights 220 

right of support 221 

See Marriage. 

Will 258-261 



